HARRY HUGHES, Governor
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policies, practices and procedures have an adverse impact on
protected groups and to implement systems and develop
programs specifically designed to identify and eliminate
discriminatory actions, policies, practices and procedures
where found;
NOW, THEREFORE, I, HARRY HUGHES, GOVERNOR OF THE STATE OF
MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE
CONSTITUTION AND LAWS OF MARYLAND, DO HEREBY PROMULGATE THE
FOLLOWING AMENDMENTS TO THE CODE OF FAIR PRACTICES TO BECOME
EFFECTIVE IMMEDIATELY.
ARTICLE I - EQUAL OPPORTUNITY PROGRAM IN STATE EMPLOYMENT
(a) State officials and supervisory employees shall
appoint, assign, and promote State personnel, EMPLOYED
IN THE EXECUTIVE BRANCH, on the basis of merit and
fitness. Appointments, assignments, and promotions
shall be made without regard to (1) political or
religious opinion or affiliation, marital status,
race, color, creed, or national origin, [or] (2) sex[,
physical or mental handicap,] or age, except when
sex[, handicap,] or age [involves] CONSTITUTES a bona
fide [job requirements] OCCUPATIONAL QUALIFICATION, OR
(3) THE PHYSICAL OR MENTAL HANDICAP OF A QUALIFIED
HANDICAPPED INDIVIDUAL. State personnel shall not be
dismissed or in any way penalized on account of
political or religious opinion or affiliation, race,
color, sex, marital status, creed, or national origin.
State personnel shall not be dismissed or in any way
penalized on account of age, except pursuant to a bona
fide uniform retirement policy[, or on account of
physical or mental handicap unless the handicap is
found to be a material and substantial impediment to
the performance of the job, in accordance with
established merit system and grievance procedures].
QUALIFIED HANDICAPPED STATE PERSONNEL SHALL NOT BE
DISMISSED OR IN ANY WAY PENALIZED ON ACCOUNT OF THAT
HANDICAP.
(b) The Secretary of Personnel is responsible for the
overall administration of the Equal Employment
Opportunity Program for State Merit System employees
and applicants for State Merit System employment.
With the advice of the Executive Director and THE
Chairman of the Human Relations Commission, [he] THE
SECRETARY shall develop, promulgate, and enforce
rules, regulations, and guidelines for the
implementation of the Equal Employment Opportunity
Program. These rules, regulations, and guidelines
shall comply with applicable federal and State law
governing equal employment opportunity, this Executive
Order, and the State Merit System Law.
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