10.5 Commonwealth security requirements for IT solicitations and contracts
10.5.1 Discrimination prohibited
The Code of Virginia prohibits discrimination based on race, religion, color, sex, age, disability, or national origin in procurement transactions as well as discrimination against ex-offenders, small, women and minority-owned businesses and faith-based organizations. All businesses and citizens are to have equal access to the Commonwealth’s procurement opportunities.
No employer shall discriminate against an otherwise qualified person with a disability solely because of a physical or mental disability. Employers will provide reasonable accommodation for an otherwise qualified applicants’ physical or mental disability unless the employer can prove that providing such an accommodation would place an undue burden on the employer based on the criteria outlined in § 2.2-3905.1 of the Code of Virginia. Employers are legally prohibited from taking adverse action against an employee who requests or uses a reasonable accommodation pursuant to § 2.2-3905.1, including denying employment or promotion opportunities to an otherwise qualified applicant or employee because the employer will be required to make reasonable accommodation for a person with a disability, or requiring an employee take leave if another reasonable accommodation can be provided to the known limitations related to the disability.
Employers must engage in a timely, good faith interactive process with an employee who has requested an accommodation pursuant to this section to determine if the requested accommodation is reasonable and, if such accommodation is determined not to be reasonable, discuss alternative accommodations that may be provided.
VITA, along with other state agencies, will create and maintain a comprehensive diversity, equity, and inclusion (DEI) strategic plan in coordination with the Governor's Director of Diversity, Equity, and Inclusion. The plan will address potential barriers to fostering a diverse and equitable workplace, as well as hiring and retaining a diverse workforce. For more information on the DEI strategic plan initiative, see Chapter 7 of this manual.
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