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5010 Nondiscrimination And Affirmative Action

NONDISCRIMINATION AND AFFIRMATIVE ACTION

Nondiscrimination

The Stanwood-Camano School District is committed to an educational and working environment free from discrimination and harassment as described in this policy.  This policy and accompanying procedure prohibits discrimination and harassment of any staff member, volunteers, and contractors who work on behalf of the district.

Equal Employment Opportunity

The district will 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 a legal protected characteristic, which include the following: race, creed, religion, color, national origin, age, honorably-discharged veteran or military status, sex, sexual orientation including gender expression or identity, marital status, disability, or  the use of a trained dog guide or service animal by a person with a disability.

Discriminatory Harassment

Discriminatory harassment is unwelcome conduct that is:

1.  Directed toward a person based on a protected characteristic,

2.  Sufficiently severe or pervasive;

3.  Unreasonably interferes with a person’s work environment or ability to perform job duties; and

4.  The cause of an intimidating, hostile, or offensive environment.

Examples of discriminatory harassment include, but are not limited to:

  • Unwelcome jokes or comments about a legally protected characteristic (e.g., racial or ethnic jokes);
  • Disparaging remarks to or about a person’s legally protected characteristic (e.g., negative or offensive remarks or jokes about a person's religion or religious garments);
  • Displaying negative or offensive posters or pictures about a legally protected characteristic;
  • Physical conduct toward a person due to that person’s legally protected characteristic;
  • All communications, including those conveyed electronically, such as by e-mail, telephone or voicemail, text messaging, or social media or other internet use, that directly or indirectly implicates a legally protected characteristic; or
  • Any other unwelcome conduct that implicated a legally protected characteristic.

In most instances, discriminatory harassment does not include supervisory or evaluative practices.

The board will designate a staff member to serve as the compliance officer.

Affirmative Action

The District, as a recipient of public funds, is committed to undertake affirmative action which will make effective equal employment opportunities for staff and applicants for employment. Such affirmative action will include a review of programs, the setting of goals and the implementation of corrective employment procedures to increase the ratio of aged, persons with disabilities, 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. Affirmative action plans may not include hiring or employment preferences based upon gender or race, including color, ethnicity or national origin. Such affirmative action will also include recruitment, selection, training, education and other programs.

The superintendent will develop an affirmative action plan which specifies the personnel procedures to be followed by the staff of the district and will ensure that no such procedures discriminate against any individual. Reasonable steps will be taken to promote employment opportunities of those classes that are recognized as protected groups – aged, persons with disabilities, ethnic minorities and women and Vietnam veterans, although under state law, racial minorities, and women may not be treated preferentially in public employment.

This policy, as well as the affirmative action plan, regulations and procedures developed according to it, will be disseminated widely to staff in all classifications and to all interested patrons and organizations. Progress toward the goals established under this policy will be reported annually to the board.

Employment of Persons with Disabilities

In order to fulfill its commitment of nondiscrimination to those with disabilities, the following conditions will prevail:

1.     No qualified person with disabilities will, solely by reason of a disability, be subjected to discrimination and the district will 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.

2.     The district will make reasonable accommodation to the known mental or physical 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 accommodation may include:

a)     Making facilities used by staff readily accessible and usable by persons with disabilities; and

b)     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 accommodation would impose an undue hardship on the district, factors to be considered include the nature and cost of the accommodation.

3.     The District will not use any employment tests or criteria that screen out persons with disabilities unless the test or criteria is clearly and specifically job-related. Also, the District will not use such tests or criteria if alternative tests or criteria (that do not screen out persons with disabilities) are available.

4.     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.

5.     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.

 

Nondiscrimination for Military Service

The district will not discriminate against any person who is a member of, applies to be a member or performs, has performed, applies to perform or has an obligation to perform service in a uniformed service, on the basis of that participation in a uniformed service. This includes initial employment, retention in employment, promotion or any benefit of employment. The district will also not discriminate against any person who has participated in the enforcement of these rights under state or federal law.

 


Cross References:    

  • Board Policy 2030    Service Animals in Schools
  •     Board Policy 5011Board Policy 5270    Sexual Harassment of District Staff ProhibitedResolution of Staff Complaints
  •     Board Policy 5407    Military Leave

Legal References:      

  • RCW 28A.400.310                            Law against discrimination applicable to district's employment practices
  • RCW 28A.640.020                            Regulations, guidelines to eliminate discrimination — Scope—Sexual harassment policies
  • RCW 28A.642                                  Discrimination Prohibition
  • RCW 49.60                                      Discrimination – Human rights commission
  • RCW 49.60.030                                Freedom from discrimination – Declaration of civil rights
  • RCW 49.60.180                                Unfair practices of employers
  • RCW 49.60.400                                Discrimination, preferential treatment prohibited
  • RCW 73.16                                      Employment and Re-employment
  • WAC 392-190                                  Equal Education Opportunity – Unlawful Discrimination Prohibited
  • WAC 392-190-0592                          Public school employment — Affirmative action program
  • 42 USC 2000 e1– 2000e10                 Title VII of the Civil Rights Act of 1964
  • 42 USC12101 – 12213                       Americans with Disability Act
  • 20 USC 1681-1688                            Title IX Educational Amendments of 1972
  • 8 USC 1324                                     (IRCA) Immigration Reform and Control
  • Act of 1986
  • 29 USC 794                                      Vocational Rehabilitation Act of 1973
  • 38 USC 4212                                    Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA)
  • 38 USC  4301-4333                           Uniformed Services Employment and Reemployment Rights Act
  • 34 CFR  104                                     Nondiscrimination on the basis of handicap in Programs or activities receiving federal financial assistance

Management Resources:     

  • Policy News, 2018 – May Policy Issue
  • Policy News, 2017 – April Policy Issue
  • Policy News, 2014 December Policy Issue Policy News, 2013 – June Policy Issue
  • Policy News, 2011 – June Policy Issue
  • Policy News, 2011 – February Policy Issue
  • Policy News, August 2007                  Washington’s Law Against Discrimination
  • Policy News, June 2001                       State Updates Military Leave Rights

 

 

Adoption Date: 12.89

Stanwood-Camano School District

Revised: 4.90; 5.6.03; 11.20.12; 05.05.15; 2.19.19, 2.20.24

Procedure for 5010 Nondiscrimination And Affirmative Action