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TO: HEADS OF ALL STATE DEPARTMENTS AND AGENCIES
RE: DELAWARE’S CONTINUING COMMITMENT TO RESPECTFUL WORKPLACE
WHEREAS, the State of Delaware is committed to promoting equal employment opportunities and a respectful workplace free of unlawful discrimination; and
WHEREAS, Delaware law, Executive Order and/or Merit Rules prohibit discrimination in State employment based on unlawful treatment of an individual on the basis of a person’s race, color, national origin, gender, age, sex, pregnancy, marital status, sexual orientation, gender identity or expression, religion, creed, genetic information, disability, veteran’s status, family responsibility, status as a victim of domestic violence, sexual assault and/or stalking, or other category protected by statute and/or federal laws; and
WHEREAS, the State of Delaware remains committed to maintaining a high quality diverse workforce that draws upon the talents of our citizenry to operate our government effectively and efficiently; and
WHEREAS, a uniform anti-discrimination policy and consistent, regular training promote safe and healthy environments for State employees.
NOW,THEREFORE,I, JOHN C. CARNEY, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby DECLARE and ORDER that:
1. The State of Delaware’s commitment to a safe and respectful workplace is hereby affirmed and heads of each Department and Agency within the Executive Branch (collectively “Executive Branch Agencies”) are directed to diligently pursue compliance with the laws prohibiting discrimination and harassment.
2. The Department of Human Resources (DHR) shall promote and provide education to foster an awareness and understanding of the various laws, regulations and policies regarding nondiscrimination.
3. DHR shall create a statewide anti-discrimination policy, in accordance with State and Federal laws, which will be the controlling standard for all Executive Branch Agencies. This uniform policy shall include statewide anti-discrimination guidelines and complaint procedures (including a process to report and investigate complaints) to be followed by each Executive Branch Agency.
4. Executive Branch Agencies shall distribute the uniform policy to all employees and to all contractors and other non-employees working at their agency within thirty (30) calendar days of issuance of this Order.
5. Training of the policy shall be provided for all employees and supervisors in accordance with Delaware law.
6. The uniform policy shall be posted by each agency in conspicuous locations and online.
7. This Executive Order directs that each Executive Branch Agency shall maintain and implement an Equal Employment Opportunity/Affirmative Action Plan (“EEO/AA Plan”), in a form prescribed by DHR, which shall be filed annually with DHR on or before September 15th in compliance with Federal and State laws, this Order, and State guidelines. DHR shall submit the EEO/AA Plan to the Governor no later than December 31st.
8. Executive Order Eight, dated August 11, 2009, and Executive Order Six, dated March 1, 2017, are hereby rescinded.
9. This Order shall apply to all Cabinet Departments and Executive Agencies of the State. The members of the General Assembly and the Judiciary are also encouraged to adopt this Order.
10. No provision of this Order is intended to or shall create any individual right or legal cause of action that does not already exist under state or federal law.
APPROVED this 21st day of February, 2019.
John C. Carney
Secretary of State