Chapter 1

Section I – Equal Employment Opportunity

Purpose
The purpose of the Equal Employment Opportunity policy (“EEO policy”) is to ensure that all aspects of employment are conducted without regard to race, color, religion, gender, age, national origin, disability, marital status, pregnancy or political affiliation. The EEO policy is designed not only to comply with federal and state laws prohibiting discrimination in employment, but to promote and maintain fairness in the LDSS’ hiring and employment practices and the workplace as a whole. The EEO policy encourages affirmative efforts to recruit qualified candidates of every race, color, religion, age, gender, national origin, disability or marital or pregnancy status, in order to ensure that all people have fair opportunities in employment based solely on their ability. The EEO policy does not require, and in fact, prohibits the hiring, promoting or in any way advancing of anyone based on these factors, the use of quotas for any group or any effort to favor one group over another.
Scope
This policy applies to all employees, applicants for employment and contract employees (hereafter “Employee”).
A. Definitions

• Discrimination: Adverse or unfavorable treatment on the basis of race, color, religion, gender, age, national origin, disability, marital or pregnancy status.
• Harassment: Verbal, written or physical conduct that either denigrates or shows hostility toward a person on the basis of that person’s race, color, national origin, age, sex, religion, disability, marital status or pregnancy that:
  1. has the purpose or effect of creating an intimidating, hostile or offensive work environment;
  2. has the purpose or effect of unreasonably interfering with an employee’s work performance; or
  3. adversely affects an employee’s employment opportunities or compensation.
• Retaliation: Overt or covert adverse employment actions such as reprisal, interference, restraint, discrimination, intimidation or harassment against an individual who has exercised rights under this policy or opposed actions prohibited under this policy.
• Sexual Harassment: Any unwelcome sexual advance, request for sexual favors, or verbal, written or physical conduct of a sexual nature by a manager, supervisor, co‑worker or non‑employee (third party). Sexual harassment includes the giving or withholding of a work‑related benefit in exchange for sexual favors, or unwelcome and severe or pervasive sexual comments, innuendoes, touching or other conduct of a sexual nature which creates an intimidating or offensive place for employees to work.
  B. Prohibited Acts
• Discriminatory employment action on the basis of a protected characteristic.
• Harassment based on a protected characteristic.
• Retaliation against individuals who raise complaints or oppose prohibited practices.
  C. Employment Practices Covered
  Applies to hiring, demotion, promotion, layoff, termination, performance management, development, disciplinary actions, compensation and work environment.
  D. Harassment
  Includes verbal/non-verbal expressions, jokes, comments or exclusions that create a hostile work environment based on protected status.
  E. Sexual Harassment
  Unwanted advances, requests for favors, physical conduct or verbal behavior when:
• Submission to such conduct is a term or condition of employment;
• Employment decisions are based on acceptance or rejection of conduct;
• Conduct interferes with work or creates an intimidating, hostile or offensive environment;
  Forms include pressure for favors, sexually suggestive displays and unwanted touching or comments of a sexual nature.
  F. Complaints Regarding Violations
• LDSS Complaint Process: Complaints should be made to local or Department HR/EEO officer or LDSS Director. If that person is the accused, complaints go to the local Board chair. Investigations and corrective action follow. Non‑employees will be informed of the policy. Follow‑up ensures conduct stops.
• External Complaint Process: Department HR procedure may be used, as well as the Virginia Commission on Human Rights and U.S. Equal Employment Opportunity Commission.

Section II – Accommodations for Individuals With Disabilities

Purpose
This policy sets forth compliance with the Americans with Disabilities Act and related laws.
Scope
Applies to all applicants and employees.
A. Accommodations for Individuals with Disabilities

• LDSS commits to providing equal employment opportunities to qualified individuals with disabilities able to perform essential job functions, with or without accommodation.
• Position descriptions outline essential functions.
• Disability is defined as:
  • A physical or mental impairment limiting major life activities;
  • A record of such impairment; or
  • Being regarded as having such an impairment.
• Reasonable accommodations will be provided when requested, unless:
  • Proven ineffective;
  • Constitutes undue hardship; or
  • Employee poses a direct threat to health/safety.

Section III – Affirmative Action

Purpose
To establish policy and procedures for affirmative action. Federal funding recipients must meet federal affirmative action requirements. Monitoring/reporting obligations are described.
Scope
Applies to all employment practices affecting prospective/current employees and volunteers.
Agency Responsibilities

• Distribution: EEO policy must be distributed and posted. Legal duty to provide disability accommodations; use required forms.
• Training: Supervisory and employee training on policy, EEO responsibilities.
• Complaint Procedure: Establish internal EEO complaint process for all employee groups, investigate, remedy violations and protect complainants.
  Affirmative Action
• Encouraged and required. AAP (Affirmative Action Plan) is a result‑oriented program with goals, timetables, responsibilities and resources.
• Required submissions: policy statement, program assessment, HR records, recruitment plan or AAP, depending on agency size.
  Types of Agencies
• Class I (≤10 staff): Distribute policy, identify minority/female/disability recruitment sources, maintain selection records, provide EEO training, record outreach efforts and notify HR of federal contacts.
• Class II (11–20 staff): Distribute policy, maintain written Recruitment Plan.
• Class III (21+ staff): Distribute policy, maintain written Affirmative Action Plan.
  Documentation Requirements
• Submit required materials by May 1 annually. Plans active two years starting July 1.
• Class I updates policy biennially; Class II updates Recruitment Plan; Class III updates AAP.
• Submit annual report by September 1 covering previous July–June period.
  Responsibilities
• LDSS Directors: Ensure updates, inform staff, monitor plan expiration, issue guidelines, request assistance, provide training, explain complaint process and support utilization analysis.
• Department HR: Track and review LDSS plans.
• Commissioner: Approve plans, monitor support.
  Requirements of a Recruitment Plan
• LDSS should aim for employment parity via minority/female recruitment strategies. The plan assists with recruitment efforts, data analysis and staffing planning.

Section IV – Chapter Appendix (Forms and Notices)

This section contains blank forms and legal notices referenced in earlier policy sections (e.g., Certification forms, complaint forms, plan checklists, recruitment/AAP templates). The PDF indicates these forms are included but does not display their text on the snippets.