                                 CODE OF VIRGINIA

POLICY OF THE COMMONWEALTH REGARDING THE EMPLOYMENT OF INDIVIDUALS WITH
DISABILITIES; RESPONSIBILITIES OF STATE AGENCIES; REPORT (§ 2.2-203.2:3)

A. As used in this section, &#8220;state agency&#8221; means any agency,
institution, board, bureau, commission, council, or instrumentality of state
government in the executive branch.

B. It shall be the policy of the Commonwealth to promote and increase the
employment of individuals with disabilities directly employed at all levels and
occupations by state agencies, institutions, boards, and authorities of the
Commonwealth. To assist in achieving this policy, it shall be the goal of the
Commonwealth to increase by five percent the level of employment of individuals
with disabilities by the state by fiscal year 2023. The Secretary shall
coordinate and lead efforts to achieve the goals of the Commonwealth established
by this section.

C. To further this goal, the Commonwealth shall:

   1. Use available hiring authorities, consistent with statutes, regulations,
   and prior executive orders;

   2. Increase efforts to accommodate individuals with disabilities within state
   government employment by increasing the retention and return to work of
   individuals with disabilities;

   3. Expand existing efforts for the recruitment, accommodation, retention, and
   advancement of individuals with disabilities for positions available in state
   government;

   4. Designate senior-level staff within each state agency to be responsible for
   increasing the employment of individuals with disabilities within the state
   agency; and

   5. Require state agencies to prepare a plan to increase employment
   opportunities at the agencies for individuals with disabilities.

D. Each state agency shall submit a plan to increase employment opportunities
for individuals with disabilities to the Secretary no later than December 31,
2017, and each July 1 thereafter. The Secretary shall (i) establish guidelines
regarding the development and content of state agency plans and (ii) establish a
reporting system for tracking and reporting the progress of state agencies
toward meeting the employment goals of the Commonwealth established by this
section.

E. All state agencies shall examine existing policies relating to the employment
of individuals with disabilities, including a review of recruitment efforts,
interviewing criteria, testing procedures, and resources to accommodate
applicants and workers with disabilities.

F. Nothing in this section shall be construed to require (i) the creation of new
positions or the changing of existing qualification standards for any position
or (ii) any state employee or applicant for state employment to disclose his
disability status involuntarily.

G. The Secretary, in collaboration with the Department of Human Resource
Management, shall develop an annual report on the number of individuals with
disabilities directly employed by the state agencies. The information shall be
included in the annual demographic report of the Department of Human Resource
Management.

H. The Secretary shall report on the progress of state agencies toward meeting
the employment goals of the Commonwealth to the Governor and the Chairmen of the
House Committee on Appropriations and the Senate Committee on Finance and
Appropriations by September 1 of each year.

HISTORY: 2017, cc. 358, 371; 2020, c. 50.