EXECUTIVE ORDER EO 91-06
PROHIBITING
DISCRIMINATION AND
ESTABLISHING
AFFIRMATIVE ACTION AND WORK PLACE DIVERSITY POLICY AND RESCINDING EXECUTIVE
ORDER 85-09
WHEREAS, it is the long established
policy of the State of Washington that the state should not discriminate in its
employment practices based on characteristics that are not directly related to
the ability of an individual to perform the requirements of a job; and
WHEREAS, state government has
traditionally adopted employment policies and procedures to encourage
non-discriminatory employment practices intended to provide desirable models
for the private sector and local governments; and
WHEREAS,
significant changes have occurred to address problems in hiring, promoting, and
retaining an employment force which reflects the composition of the broad
community of the citizens of the state, and efforts must continue to further
enhance the participation and representation in the state's work force for
certain groups which have suffered past discrimination in society; and
WHEREAS, the state has an existing
policy that its agencies and institutions of higher education undertake
affirmative action programs to recruit into all levels of employment certain
under-represented groups which include women, ethnic and racial minorities,
persons of disability, persons over the age of 40, disabled veterans, and
Vietnam era veterans; and
WHEREAS, certain groups, including
some which are not otherwise protected under existing state and federal law,
may experience discrimination in hiring, promotion, recruitment, and tenure
associated with their employment with the state; and
WHEREAS, because of the increasing
diversity in the state's work force, it is important that agencies and higher
education institutions create an organizational culture that respects and
values individual differences and encourages the productive potential of every
employee.
NOW, THEREFORE, I, Booth Gardner, Governor
of the State of Washington, by virtue of the power vested in me, do hereby:
Reaffirm
my commitment to elimination of all barriers to employment which artificially
restrict hiring, promotion, recruitment, and tenure on the basis of any
physical, cultural, religious, or other status which is not directly related to
the performance of a job; and
Direct that all agencies and institutions of higher education
continue to use corrective employment measures to employ, in all job
categories, designated under-respresented groups which
include women, ethnic and racial minorities, persons of disability, persons
over the age of 40, disabled veterans, and Vietnam era veterans. Agencies and
higher education institutions shall base their corrective programs on
applicable state and federal law including the Washington Administrative Code (WAC)
covering employment based on Revised Code of Washington 49.60 and Chapter 365 Laws of 1985, and comply with
Federal Executive Order 11246 as amended by Federal Executive Order 11375, the
Vietnam Era Readjustment Act of 1976, Section 503 of the Vocational
rehabilitation Act of 1974, and the Age Discrimination Act of 1967 as amended;
and
Direct
that barriers to the employment of persons of disability continue to be
eliminated and that reasonable accommodation
continue to be made to ensure the inclusion of disabled individuals in the work
force; and
Direct
that all state agencies and institutions of higher education continue to
improve the employment opportunities for Vietnam era veterans; and
Direct
that no state agency or institutions of higher education
shall discriminate in employment solely on the basis of an individual's sexual
orientation. No state agency or institution of higher education shall be
required to establish employment goals based on sexual orientation; and
Urge all
state agencies and institutions of higher education to take reasonable and
appropriate steps to encourage the participation in the state work force of
persons with limited ability to speak English.
Accordingly,
in order to implement the aforesaid policies, I direct all state agencies and institutions
of higher education to:
1. Review policy statements, programs, and
procedures to ensure that all possible actions are being taken to assure that
equal employment opportunity exists; and
2. Maintain
a current affirmative action program with specific, measurable goals and
objectives for the employment and promotion of ethnic and racial minorities, women, persons of disability, persons over the
age of 40, disabled veterans, and Vietnam era veterans. Programs shall include
target dates and supportive systems; and
3. Appoint
an official who shall be the chief executive officer, his or her deputy, or
another official who reports to the chief executive officer to be responsible for the implementation and supervision of the affirmative
action program. The name and title of the person so designated shall be
reported to the Department of Personnel or the Higher Education Personnel Board
within 30 days from the date of this order; and
4. Ensure
that any state agency or institution of higher education procedures for
evaluating and acting upon complaints of employment discrimination reflect
current state and federal law and the policies promulgated in this Executive
Order. These procedures shall provide appropriate requirements for
confidentiality in cases arising from complaints of discrimination based on
sexual orientation. Every effort shall be made by agencies of the state to
resolve all complaints in the spirit and intent of this Executive Order; and
5. Review
their rules, policies, procedures and practices to ensure they support and
enhance valuing and managing diversity in the work place.
Furthermore, the Governor's Affirmative Action Policy Committee
established under Executive Order 84-10 is hereby reestablished. The membership
shall not exceed fifteen and shall consist of representatives from state
agencies involved in affirmative action issues, protected groups, the
Department of Personnel and the Higher Education Personnel Board. Membership on
the committee shall also include geographic representation from Eastern and
Western Washington. The Governor shall appoint the chair. Members shall be
reimbursed for travel expenses for attendance at meetings of the committee. The
Committee shall:
1. Advise the Governor
on state affirmative action policies and submit recommendations to the Governor
for any further action; and
2. Approve affirmative action plans for
agency implementation strategies and goal progress which meet guidelines
established by the Department of Personnel and
3. Approve affirmative action plans for
higher education institutions implementation strategies and goal progress which
meet guidelines established by the Higher Education
Personnel Board; and
4. Review and evaluate reports and
guidelines submitted by the Department of Personnel and the Higher Education
Personnel Board to determine the extent to which the
state is meeting the employment needs of all protected groups and affirmative
action obligations under federal and state laws, regulations, and policies; and
5. Submit annual reports to the Governor
outlining the progress of the state in meeting its goals and timetables; and
6. Submit annual reports to the Governor for
any further action which it deems appropriate.
The Department of Personnel shall:
1. Provide agencies
with guidelines and assistance for establishing and implementing an affirmative
action program, such guidelines to be in accordance with all above- referenced
state and federal laws and regulations; and
2. Review and provide technical
approval of agencies' affirmative action plans and progress reports against
established guidelines and state policies. Recommend
to the Affirmative Action Policy Committee approval of such plans or corrective
action as needed; and
3. Develop and implement a positive hiring
program to include additional target recruiting, verification of the
job-relatedness of examinations, educational workshops,
and other training programs; and
4. Develop a reporting system for
monitoring the progress of each agency toward achieving its goals, including a
statistical analysis of present work forces; and
5. Submit annual reports to the
governor, the Affirmative Action Policy Committee, and the Human Rights
Commission.
The Higher Education Personnel Board shall:
1. Provide
higher education institutions with guidelines and assistance for establishing
and implementing an affirmative action program, such guidelines to be in
accordance with all above-referenced state and federal laws and
regulations; and
2. Review and provide technical
approval of institutions' affirmative action plans and progress reports against
established guidelines and state policies. Recommend
to the Affirmative Action Policy Committee approval of such plans or corrective
action as needed; and
3. Assist higher education institutions
in the development and implementation of a positive hiring program to include:
target recruiting, verification of the job-relatedness
of examinations, educational workshops, and other training programs; and
4. Develop a reporting system for
monitoring the progress of each higher education institution toward achieving
its goals, including a statistical analysis of
present work forces; and
5. Submit annual reports to the
Governor, the Affirmative Action Policy Committee, and the Human Rights
Commission.
The Human Rights Commission shall:
1. Provide the Department of Personnel
and the Higher Education Personnel Board with information to assist the
Department of Personnel and the Higher Education Personnel Board to establish
and implement the state's affirmative action program, such information to be in
accordance with all applicable state and federal laws and regulations; and
2. Provide
appropriate training in coordination with the Department of Personnel and the
Higher Education Personnel Board through workshops or other educational programs for state agencies and higher
education institutions regarding the interpretation and application of federal
and state laws and other regulations applying to equal employment opportunity;
and
3. Advise
the Affirmative Action Policy Committee, Department of Personnel, and Higher
Education Personnel Board regarding agencies' and higher education institutions' compliance with applicable federal
and state laws, regulations, and policies; and
4. Where
consistent with the Commission authority, enforce all applicable federal and
state laws and regulations pertaining to nondiscrimination and laws affecting all protected groups to ensure compliance
with the content and spirit of this Executive Order.
The Office of the Governor shall:
1. Through
the executive cabinet, review affirmative' action recommendations and progress
reports submitted through the Affirmative Action Policy Committee; and
2. Maintain
regular communications with the Affirmative Action Policy Committee and other
agencies, advisory groups and advocacy organizations concerned
with employment discrimination; and
3. Take such additional
action as deemed necessary which will result in an effective affirmative action
program for the State of Washington.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused
the seal of the State
of Washington to be
affixed at Olympia
this 6th day of
September A.D., Nineteen hundred and ninety-one.
BOOTH GARDNER
Governor of Washington
BY THE GOVERNOR:
_________________________________
Assistant Secretary of
State
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