NONDISCRIMINATION IN EMPLOYMENT

BOARD POLICY - 4030

The Board prohibits unlawful discrimination against or harassment of district employees and job applicants on the basis of actual or perceived characteristics such as 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. The Board also prohibits retaliation against any district employee or job applicant who complains, testifies or in any way participates in the district's complaint procedures instituted pursuant to this policy. 

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 district employee who observes or has knowledge of an incident of unlawful discrimination or harassment shall report the incident to the principal, district administrator or Superintendent as soon as practical after the incident.  Failure of a district employee to report discrimination or harassment may result in disciplinary action.

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

The Board designates the following position as Coordinator for Nondiscrimination in Employment:

Assistant Superintendent, Human Resources
5050 Barranca Parkway
Irvine, CA 92604
(949) 936-5136

An employee may, in addition to filing a discrimination complaint with the district, file a complaint with either the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).  The time limits for filing such complaints are as follows:

  1. To file a valid complaint with DFEH, the employee must file his/her complaint within one year of the alleged discriminatory act(s), unless an exception exists pursuant to Government Code 12960. 
  2. To file a valid complaint directly with EEOC, the employee must file his/her complaint within 180 days of the alleged discriminatory act(s).  To file a valid complaint with EEOC after filing a complaint with DFEH, the employee must file the complaint within 300 days of the alleged discriminatory act(s) or within 30 days after the termination of proceedings by DFEH, whichever is earlier. 

Employees wishing to file complaints with DFEH and EEOC should contact the nondiscrimination coordinator for more information. 

Legal Reference:

EDUCATION CODE 260

GOVERNMENT CODE
12900-12996 Fair Employment and Housing Act

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

UNITED STATES CODE, TITLE 29
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
12101-12213 Americans with Disabilities Act

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