Nondiscrimination and Affirmative Action - 5010
I. Nondiscrimination
The district shall provide equal employment opportunity and treatment for all applicants and staff in recruitment, hiring, retention, assignment, transfer, promotion and training. Such equal employment opportunity shall be provided without discrimination with respect to race, creed, color, national origin, age, gender, sexual orientation including gender identity, marital status or qualified individuals with disabilities. The district may give preference to a Untied States citizen or national over an authorized alien if two candidates are equally qualified.
The Board shall designate a staff member to serve as affirmative action/Title IX Compliance officer.
II.Affirmative Action
The district, as a recipient of public funds, is committed to undertake affirmative action which shall make effective equal employment opportunities for staff and applicants for employment. Such affirmative action shall include a review of programs, the setting of goals and the implementation of employment procedures to increase the ratio of aged, disabled, ethnic minorities, women and Vietnam veterans who are under-represented in the job classifications in relationship to the availability of such persons having requisite qualifications. Such affirmative action shall also include recruitment, selection, training, education and other programs.
The Superintendent shall develop an affirmative action plan which specifies the personnel procedures to be followed by the staff of the district and shall ensure that no such procedures discriminate against any individual. Reasonable steps shall be taken to promote employment opportunities of those classes that are recognized as protected groups – aged, disabled, ethnic minorities, women and Vietnam veterans.
This policy, as well as the affirmative action plan, regulations and procedures developed according to it, shall be disseminated widely to staff in all classifications and to all interested patrons and organizations.
III. Employment of Persons with Disabilities
In order to fulfill its commitment of nondiscrimination to those with disabilities, the following conditions shall prevail:
A. No qualified person with disabilities shall, solely by reason of a disability, be subjected to discrimination, and the district shall not limit, segregate or classify any applicants for employment or any staff member in any way that adversely affects his/her opportunities or status because of a disability. This prohibition applies to all aspects of employment from recruitment to promotions and includes fringe benefits and other elements of compensation.
B. The district shall make reasonable accommodations to the known physical or mental limitations of an otherwise qualified disabled applicant or staff member unless it is clear that an accommodation would impose an undue hardship on the operation of the district program. Such reasonable accommodations may include:
- Making facilities used by staff readily accessible and usable by persons with disabilities; and
- Job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters and other similar actions.
In determining whether or not accommodations would impose an undue hardship on the district, factors to be considered include the nature and cost of the accommodation.
C. The district shall not make use of any employment test or criteria that screens out persons with disabilities unless:
- The test or criteria is clearly and specifically job-related; and
- Alternative tests or criteria that do not screen out persons with disabilities are available.
D. While the district may not make pre-employment inquiry as to whether an applicant has a disability or as to the nature and severity of any such disability, it may inquire into an applicant’s ability to perform job-related functions.
E. Any staff member who believes that there has been a violation of this policy or the law prohibiting discrimination because of a disability may initiate a grievance through the procedures for staff complaints.
Cross References:
Board Policy 5240 Resolution of Staff Complaints
Legal References:
RCW 28A.400.310 Law against discriminationapplicable
to district’s employment practices
RCW 28A.640.020 Regulation, guidelines to
eliminate discrimination – Scope
RCW 49.60 Law Against Discrimination
RCW 49.60.030 Freedom from Discrimination
RCW 49.60.180 Unfair Practices
of Employer Defined
WAC 162-22-050 Unfair Practices
WAC 392-200 Employment Discrimination
WAC 392-200-015 Public School Employment
– Affirmative Action Program
Title VII of the Civil Rights Act of 1964
Title IX Educational Amendments
of 1972
Title IX Education Amendments of 1974
P.L. 99-603 Immigration Reform and
Control Act(IRCA) of 1986
42 U.S.C. §12101 – 12213 Americans with Disabilities
Act
Exec. Order 11246 Amended by Executive Order 11375
45 C.R.F. 84 Sec. 504 Vocational
Rehabilitation Act of 1973
Adoption Date: 5/22/07