5010 Nondiscrimination And Affirmative Action
NONDISCRIMINATION AND AFFIRMATIVE ACTION
Definition
“Protected status” is short for the phrase “age, sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, marital status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability.”
Nondiscrimination
The Stanwood-Camano School District is committed to an educational and working environment free from discrimination and harassment based on a person’s protected status.
The district will not deny any person the benefit of, or subject any person to discrimination in employment, recruitment, promotion, advancement, consideration, or selection in connection with employment based on their protected status.
The district will make all employment decisions in a non-discriminatory manner and will not limit, segregate, or classify any person in a way that could adversely affect their employment opportunities or status based on their protected status.
The district will not enter into any contractual or other relationship that directly or indirectly results in the discrimination of any person in connection with employment based on their protected status.
The district will not grant preferential treatment to applications for employment based on an applicant's enrollment at any education institution or entity that only predominantly admits students based on sex, race, color, or national origin if the giving of such preferences has the effect of discriminating based on sex, race, color, or national origin.
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.
Examples of Employment Discrimination
Employment discrimination may include the following:
1. Unfair treatment based on an employee’s protected status, including unfair or separate treatment in pay scale, assignment of duties, opportunities for advancement, conditions of employment, hiring practices, leaves of absence, hours of employment, and assignment of instructional and non-instructional duties.
2. Harassment based on an employee’s protected status by supervisors, co-workers, or others in the workplace that is so severe or persistent that it creates a hostile environment.
3. Denial of a reasonable workplace accommodation that an employee needs because of religious beliefs or a disability.
4. Retaliation because an employee complained about employment discrimination or assisted with an employment discrimination investigation or lawsuit.
5. Making employment or placement decisions based on stereotypes or assumptions about one’s protected status.
6. Discriminating against individuals married to or otherwise associated with people of a certain group.
7. Prohibiting an employee from using the restroom consistent with his or her gender identity.
These are examples of employment discrimination and are not an exhaustive list.
Discriminatory Harassment
The district prohibits discriminatory harassment in the workplace. Discriminatory harassment is unwelcome or offensive conduct directed toward a person based on their protected status that is sufficiently severe or pervasive to create an environment that a reasonable person would consider intimidating, hostile, or offensive. Petty slights, annoyances, or isolated incidents, unless extremely serious, will not rise to the leave of discriminatory harassment.
Harassing conduct may include, but is not limited to, offensive jokes, slurs, epithets, name-calling, physical assaults, threats, intimidation, ridicule, mockery, insults, put-downs, offensive objects or pictures, and interference with work performance.
When the district becomes aware of potential discriminatory harassment, it will promptly investigate the conduct and, as appropriate, take reasonable steps to prevent and promptly correct the harassing conduct.
Employment of Persons with Disabilities
To fulfill its commitment of nondiscrimination to those with disabilities, the following conditions will prevail:
1. The district will not discriminate against a qualified individual based on their disability, nor will the district limit, segregate, or classify any applicants for employment or any staff member in any way that adversely affects their opportunities or status because of their 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 reasonably accommodate 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. Reasonable accommodations may include making facilities used by staff readily accessible and usable by persons with disabilities; 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.
An undue hardship means an accommodation would be unduly costly, extensive, substantial or disruptive or would fundamentally alter the nature or operation of the district. In determining whether an accommodation would impose an undue hardship on the district, the district may consider, among other things, the cost of the accommodation, the district’s size, the district’s financial resources, and the nature and structure of its operations.
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, and 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 inquiries 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.
Nondiscrimination for Military Service
The district will not discriminate against any person who is a member of, applies to be a member of, or performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service, on the basis of their 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.
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.
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Cross References: |
Board Policy 2030 |
Service Animals in Schools |
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Board Policy 5011
Board Policy 5161
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Sex Discrimination and Sex-based Harassment of Staff Prohibited Civility in the Workplace
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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, 2.04.25