Title of Regulation: 22VAC40-675. Personnel Policies for Local Departments of Social Services (amending 22VAC40-675-40, 22VAC40-675-180, 22VAC40-675-190).

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.

Effective Date: October 26, 2023.

Agency Contact: Leighann Smigielski, Senior Policy Analyst, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7059, email r.leighann.smigielski@dss.virginia.gov.

Summary:

The amendments (i) remove a listing of protected classes from the regulatory text to make the regulation easier to keep in compliance with the federal law; (ii) remove the requirement for local departments of social services to complete an Affirmative Action Plan in conformance with 41 CFR Subpart A, § 60-1.5; (iii) update the location where employees or applicants of local departments of social services will file discrimination complaints; and (iv) correct or improve style, form, or syntax to clarify requirements.

22VAC40-675-40. Inclusion in local jurisdiction personnel plans.

A. It is the policy of the board to allow local department employees to be included in the approved local jurisdiction personnel plans instead of utilizing personnel policies outlined in the administrative manual.

B. Comprehensive jurisdiction plans shall meet merit system standards and be comparable to personnel policies included in the administrative manual. Specific personnel functions that must be included in local jurisdiction personnel plans are listed in the administrative manual.

C. Such plans must be documented to the satisfaction of the board.

D. The board must approve the inclusion of local department employees in a jurisdiction's personnel plan prior to such inclusion becoming effective.

22VAC40-675-180. Equal employment opportunity.

A. The board promotes equal employment opportunity in the recruitment and selection process by ensuring that qualification requirements are job-related and that such requirements do not limit or restrict employment opportunities because of race, color, religion, sex, age, disability, national origin, or political affiliation (except where sex or age is a bona fide occupational qualification) and follows all applicable federal, state, and local nondiscrimination laws.

B. All local departments shall prepare their own affirmative action plan in accordance with the administrative manual or comply with a written local jurisdiction plan that provides an aggressive, coherent management program for equal employment for all employees and applicants for employment.

C. B. Employees or applicants for employment who believe that they have been discriminated against may file a complaint with the Virginia Department of Human Resource Management, Office of Equal Employment Services, James Monroe Building, 101 North 14th Street, Richmond, Virginia 23219 nearest local office of the Equal Employment Opportunity Commission.

D. C. All local departments are required to cooperate fully with the Office of Equal Employment Services Opportunity Commission or any other official investigation of charges of discrimination. Cooperation includes providing papers, notes, documents, and any other written material and responding to questions deemed necessary to investigate the charge.

22VAC40-675-190. Policy, intent and purpose Intent and scope of the standards of conduct.

A. The intent of the standards of conduct is to protect the well-being of employees, assure ensure safe and efficient operations, and establish a fair and objective process for correcting and treating unacceptable conduct.

B. Standards of conduct shall be limited to employee conduct occurring at work or when otherwise representing the local department in a work related work-related capacity, unless otherwise specified in department policies and procedures.