SOP 104.76: Equal Employment Opportunity

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Equal Employment Opportunity|Policy Name:Equal Employment Opportunity|Policy Name:Equal Employment Opportunity|
|Policy Number: 104.76|Effective Date: 6/10/2021|Page Number: 1 of 3|
|Authority:
Commissioner|Originating Division:
Administration & Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

I. Introduction and Summary:

The Georgia Department of Corrections (GDC) provides equal employment
opportunities (EEO) to all employees and applicants for employment without regard
to race, color, religion, sex, national origin, age, disability, or genetics. In addition to
federal law requirements, GDC complies with applicable state and local laws
governing nondiscrimination in employment in every location where the agency has a
facility. This policy applies to all terms and conditions of employment, including
recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leave of
absence, compensation, and training.

GDC expressly prohibits any form of workplace harassment based on race, color,
religion, gender, sexual orientation, gender identity or expression, national origin, age,
genetic information, disability, or veteran status. Improper interference with the ability
of GDC’s employees to perform their job duties may result in disciplinary actions up
to and including dismissal from employment.

II. Authority:

A. Civil Rights Act of 1964: 42 U.S.C.A. § 2000e et seq.;

B. Age Discrimination in Employment Act of 1967: 29 U.S.C.A. § 623;

C. Americans with Disability Act (ADA): 42 U.S.C. § 121.02 et seq.;

D. O.C.G.A. §§ 34-5-3 and 34-6a-4;

[E. Genetic Information Nondiscrimination Act (GINA): 42 U.S.C § 2000ff et seq.;](https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000546&cite=42USCAS2000FF&originatingDoc=I03f4d97feee311e28578f7ccc38dcbee&refType=LQ&originationContext=document&transitionType=PLDocumentLink&billingHash=A7CA9015C289FE829CFA28C48ADE5918D128DED29C563FB088FE75FB278A4C37&contextData=(sc.DocLink))

F. State Personnel Board Rule: § 478-1-.03, Anti-Discrimination;

G. ACA Standards: 2-CO-1C-09, 1-CTA-1C-03, and 5-ACI-1C-06 (ref. 4-4053); and

H. GLECP Standard: 4.1.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Equal Employment Opportunity|Policy Name:Equal Employment Opportunity|Policy Name:Equal Employment Opportunity|
|Policy Number: 104.76|Effective Date: 6/10/2021|Page Number: 2 of 3|
|Authority:
Commissioner|Originating Division:
Administration & Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

III. Definitions:

A. Essential Job Functions - A fundamental job duty of a position, as opposed to a

marginal function of that position. The reason the position exists is to perform the
“essential functions” of that position.

B. Reasonable Accommodation - Any modification or adjustment to a job or the

work environment that will enable an employee to perform the essential functions
of the employee’s job duties. Accommodations may include specialized
equipment, facility modifications, and adjustments to work schedules or job duties.

IV. Statement of Policy and Applicable Procedures:

Appointing Authorities will ensure that all managers whose responsibilities include
recruitment, hiring and selection, compensation, retention, promotion, training and
development opportunities, work assignments, performance management, discipline,
reduction in force, or discharge will regularly assure that equal employment
opportunities (EEO) are being afforded.

A. The department will select employees according to the requirements of the job.

Selection will be based on the ability of the individual to perform the essential
functions of a job. Employment decisions will be free from consideration based
on: race, color, creed, national origin, ancestry, citizenship, religion, political
opinions or affiliations, age, disability, genetic information, gender, pregnancy,
childbirth or related conditions, military or veteran status, sexual harassment,
retaliation, or any other status protected by federal or state law/regulation.

B. All requests for reasonable accommodations, based on an individual’s religion or

disability, will be forwarded to the Correctional Human Resource Management
(CHRM)-Audit & Compliance section.

C. Each facility will display the EEO Notice on the Official Bulletin Board in a

conspicuous, easily accessible location(s).

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Equal Employment Opportunity|Policy Name:Equal Employment Opportunity|Policy Name:Equal Employment Opportunity|
|Policy Number: 104.76|Effective Date: 6/10/2021|Page Number: 3 of 3|
|Authority:
Commissioner|Originating Division:
Administration & Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

D. Managers will direct any questions concerning EEO issues to the Correctional

Human Resource Management (CHRM)-Audit & Compliance Section.

E. Retaliation. It is a violation of law to retaliate against an employee who files a

discrimination complaint, participates as a witness, or seeks an ADA-based
(Americans with Disabilities Act) reasonable accommodation.

F. Reporting. It is every employee’s responsibility to promptly report any incident of

harassment or discrimination up the chain of command.

1. Reporting can also be made to the Director, Human Resources (HR), or

Correctional Human Resource Management (CHRM)-Audit & Compliance
Section at (478) 992-5211.

2. Such reports can initially be submitted in writing and mailed to P. O. Box 1529,

Forsyth, GA 31029 to the above contacts.

G. EEO Complaint Management. Upon receiving a complaint, the department will

conduct a prompt, thorough, and objective investigation of the allegations. All
State employees are expected to cooperate in the process. Investigations will be
conducted in a confidential manner, and all employees involved in the process are
expected to refrain from discussing the matter outside of the investigation process.

1. If the investigation concludes that improper conduct has occurred, the

department will take corrective actions up to and including dismissal of
employment. Appropriate action will also be taken to deter any future
discrimination, harassment, and/or retaliation.

V. Attachments: None.

VI. Record Retention of Forms Relevant to this Policy: None.