NONDISCRIMINATION IN EMPLOYMENT

BOARD POLICY - 4030

The Board of Education provides district employees, interns, and job applicants a safe, positive environment where they are assured of full and equal employment access and opportunities, protection from harassment or intimidation, and freedom from any fear of reprisal or retribution for asserting their employment rights in accordance with law.  This policy applies to all district employees and, to the extent required by law, to interns, volunteers, and job applicants.

 

No district employee shall be discriminated against or harassed by any coworker, supervisor, manager, or other person with whom the employee comes in contact in the course of employment, on the basis of the employee's race or ethnicity, color, ancestry, national origin, nationality, ethnic group identification, age, religion, actual or potential parental, family, or marital status, or the exclusion of any person because of pregnancy or related condition, physical or mental disability, sex, sexual orientation, gender, gender identity or expression, or genetic information, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics. 

Discrimination based on the characteristics listed above is prohibited in all areas of employment and in all employment-related practices, including the following:

  1. Discrimination in hiring, compensation, terms, conditions, and other privileges of employment;
  2. Taking of an adverse employment action, such as termination or the denial of employment, promotion, job assignment, or training;
  3. Unwelcome conduct, whether verbal, physical, or visual, that is so severe or pervasive as to adversely affect an employee's employment opportunities, or that has the purpose or effect of unreasonably interfering with the individual's work performance or creating an intimidating, hostile, or offensive work environment; and
  4. Actions and practices identified as unlawful or discriminatory pursuant to Government Code section 12940 or 2 CCR sections 11006-11086, such as:
  1. Sex discrimination based on an employee's pregnancy, childbirth, breastfeeding, or any related medical condition or on an employee's gender, gender expression, or gender identity, including transgender status.
  2. Religious discrimination based on an employee's religious belief or observance, including his/her religious dress or grooming practices, or based on the district's failure or refusal to use reasonable means to accommodate an employee's religious belief, observance, or practice which conflicts with an employment requirement.  However, the district shall not accommodate an employee’s religious dress practice or religious grooming practice if it requires segregation of the individual from other employees or the public or if it would result in a violation of this policy or any law prohibiting discrimination.
  3. Disability discrimination based on a district requirement for a medical or psychological examination of a job applicant, or an inquiry into whether a job applicant has a mental or physical disability or a medical condition or as to the severity of any such disability or condition, without the showing of a job-related need or business necessity.
  4. Disability discrimination based on the district's failure to make reasonable accommodation for the known physical or mental disability of an employee or to engage in a timely, good faith, interactive process with an employee, to determine effective reasonable accommodations for the employee, when he/she has requested reasonable accommodation for a known physical or mental disability or medical condition.

The Board also prohibits retaliation against any district employee who opposes any discriminatory employment practice by the district or its employees, agents, or representatives or who complains, testifies, assists, or in any way participates in the district's complaint process pursuant to this policy. No employee who requests an accommodation for any protected characteristic listed in this policy shall be subjected to any punishment or sanction, regardless of whether the request was granted. 

 

Complaints concerning employment discrimination, harassment, or retaliation shall immediately be investigated in accordance with procedures specified in Administrative Regulation 4030 “Nondiscrimination in Employment.”

 

Any district employee who engages or participates in unlawful discrimination, or who aids, abets, incites, compels or coerces another to discriminate, is in violation of this policy and is subject to disciplinary action, up to and including dismissal.

 

Any supervisory or management employee who observes or has knowledge of an incident of prohibited discrimination or harassment shall report the incident to the Superintendent or designated district coordinator as soon as practical after the incident.  All other employees are encouraged to report such incidents to their supervisor immediately, or the Nondiscrimination of Employment Coordinator in Human Resources. The district shall protect any employee who reports such incidents from retaliation.

 

The Superintendent or designee shall use all appropriate means to reinforce the district's nondiscrimination policy. He/she shall provide training and information about components of the district's policies and regulations regarding discrimination, how to recognize harassment, discrimination, or other related conduct, and how to respond appropriately. The Superintendent or designee shall regularly review the district's employment practices and, as necessary, shall take action to ensure district compliance with the nondiscrimination laws.

 

The Superintendent or designee shall publicize the district's nondiscrimination policy and the availability of complaint procedures. The policy and administrative regulation shall be posted in all schools and offices.

 

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination

 

CIVIL CODE

51.7 Freedom from violence or intimidation

 

GOVERNMENT CODE
11135 Unlawful discrimination

12900-12996 Fair Employment and Housing Act

 

PENAL CODE

422.56 Definitions, hate crimes

 

CODE OF REGULATIONS, TITLE 2

11006-11086 Discrimination in employment

 

CODE OF REGULATIONS, TITLE 5
4900-4965 Nondiscrimination in elementary and secondary education programs receiving state financial assistance

 

UNITED STATES CODE, TITLE 20

1681-1688 Title IX of the Education Amendments 1972

 

UNITED STATES CODE, TITLE 29
621-634 Age Discrimination in Employment Act

794 Section 504 of the Rehabilitation Act of 1973

 

UNITED STATES CODE, TITLE 42

2000d -2000d-7 Title VI, Civil Rights Act of 1964
2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended
2000h-2-2000h-6 Title IX, 1972 Education Act Amendments

6101-6107 Age discrimination in federally assisted programs
12101-12213 Americans with Disabilities Act

 

 

Policy Adopted: October 5, 1986
Policy Revised:  August 31, 2004
Policy Revised:  January 12, 2016

Policy Revised:   March 12, 2019

 

Administrative Regulation 4030