Durham SD
Board Policy
Nondiscrimination In Employment
BP 4030
Personnel
The Governing Board is determined to provide district employees 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.
The Board prohibits district employees from discriminating against or harassing any
other district employee or job applicant on the basis of the person’s actual or perceived
race, religious creed, color, national origin, ancestry, age, marital status, pregnancy,
physical or mental disability, medical condition, genetic information, military and veteran
status, gender, gender identity, gender expression, sex, or sexual orientation.
(cf. 0410 – Nondiscrimination in District Programs and Activities)
(cf. 4119.41/4219.41/4319.41 – Employees with Infectious Disease)
The Board also prohibits discrimination against any employee or job applicant in
compensation, terms, conditions, and other privileges of employment and the taking of
any adverse employment action, including, but not limited to, termination or the denial of
employment, promotion, job assignment, or training, against an employee or job
applicant based on any of the categories listed above.
(cf. 4032 – Reasonable Accommodation)
(cf. 4154/4254/4354 – Health and Welfare Benefits)
Prohibited discrimination on the basis of religious creed includes discrimination based on
an employee’s or job applicant’s religious belief or observance, including his/her religious
dress or grooming practices. In accordance with Government Code 12940, prohibited
discrimination on the basis of religious creed also includes the district’s failure or refusal
to use reasonable means to accommodate an employee’s or job applicant’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.
Prohibited sex discrimination includes discrimination based on an employee’s or job
applicant’s pregnancy, childbirth, breastfeeding, or any related medical condition.
(cf. 4033 – Lactation Accommodation)
Harassment consists of unwelcome verbal, physical, or visual conduct that is based on
any of the prohibited categories of discrimination listed above and that is so severe or
pervasive that it adversely affects an individual’s employment opportunities, has the
purpose or effect of unreasonably interfering with the individual’s work performance, or
creates an intimidating, hostile, or offensive work environment.
(cf. 4119.11/4219.11/4319.11 – Sexual Harassment)
The Board also prohibits retaliation against any district employee or job applicant who
opposes any discriminatory employment practice by the district or its employee, agent, or
representative or who complains, testifies, assists, or in any way participates in the
district’s complaint procedures pursuant to this policy. No employee or job applicant 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.
(Government Code 12940)
Complaints concerning employment discrimination, harassment, or retaliation shall
immediately be investigated in accordance with procedures specified in the
accompanying administrative regulation.
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. The
district shall protect any employee who does report 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 to employees
about how to recognize harassment and discrimination, how to respond appropriately,
and components of the district’s policies and regulations regarding discrimination. 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.
Any district employee who engages in prohibited discrimination, harassment, or
retaliation or who aids, abets, incites, compels, or coerces another to engage or attempt to
engage in such behavior in violation of this policy shall be subject to disciplinary action,
up to and including dismissal.
(cf. 4118 – Dismissal/Suspension/Disciplinary Action)
(cf. 4218 – Dismissal/Suspension/Disciplinary Action)
Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination
CIVIL CODE
51.7 Freedom from violence or intimidation
GOVERNMENT CODE
11135 Unlawful discrimination
11138 Rules and regulations
12900-12996 Fair Employment and Housing Act
PENAL CODE
422.56 Definitions, hate crimes
CODE OF REGULATIONS, TITLE 2
11019 Terms, conditions and privileges of employment
CODE OF REGULATIONS, TITLE 5
4900-4965 Nondiscrimination in elementary and secondary education programs
UNITED STATES CODE, TITLE 20
1681-1688 Title IX of the Education Amendments of 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, as amended
2000e-2000e-17 Title VII, Civil Rights Act of 1964, as amended
2000ff-2000ff-11 Genetic Information Nondiscrimination Act of 2008
2000h-2-2000h-6 Title IX of the Civil Rights Act of 1964
6101-6107 Age discrimination in federally assisted programs
12101-12213 Americans with Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 28
35.101-35.190 Americans with Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 34
100.6 Compliance information
104.7 Designation of responsible employee for Section 504
104.8 Notice
106.8 Designation of responsible employee and adoption of grievance procedures
106.9 Dissemination of policy
110.1-110.39 Nondiscrimination on the basis of age
COURT DECISIONS
Thompson v. North American Stainless LP, (2011) 131 S.Ct. 863
Shephard v. Loyola Marymount, (2002) 102 Cal.App.4th 837
Management Resources:
CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
PUBLICATIONS
California Law Prohibits Workplace Discrimination and Harassment, December 2014
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS
PUBLICATIONS
Notice of Non-Discrimination, August 2010
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PUBLICATIONS
Questions and Answers: Religious Discrimination in the Workplace, 2008
New Compliance Manual Section 15: Race and Color Discrimination, April 2006
Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by
Supervisors, June 1999
WEB SITES
California Department of Fair Employment and Housing: http://www.dfeh.ca.gov
U.S. Department of Education, Office for Civil Rights:
http://www.ed.gov/about/offices/list/ocr
U.S. Equal Employment Opportunity Commission: http://www.eeoc.gov
Policy DURHAM UNIFIED SCHOOL DISTRICT
adopted: October 19, 2016 Durham, California