NONDISCRIMINATION AND AFFIRMATIVE ACTION
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, honorably-discharged veteran or military status, sex, sexual orientation, marital status or qualified individuals with disabilities. The board shall designate a staff member to serve as affirmative action/Title IX Compliance officer.
The board shall designate a staff member to serve as the compliance officer.
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 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 on gender or race, including color, ethnicity or national origin. 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, handicapped, 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, shall be disseminated widely to staff in all classifications and to all interested patrons and organizations. Progress toward the goals established under this policy shall 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 shall prevail:
- 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.
- The district shall make reasonable accommodation 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 accommodation would impose an undue hardship on the district, factors to be considered include the nature and cost of the accommodation.
- 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.
- 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.
- 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 an uniformed service, on the basis of that participation in an uniformed service. This includes in 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: Model Policy 2030 Service Animals in Schools
Model Policy 5270 Resolution of Staff Complaints
Model Policy 5407 Military Leave
RCW 28A.400.310 Law against discrimination applicable to districts’ 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 Reemployment
WAC 392-190 Equal Education Opportunity – Unlawful Discrimination Prohibited
WAC 392-190-0592 Public school employment — Affirmative action program
42 USC 2000e1 – 2000e10 Title VII of the Civil Rights Act of 1964
20 USC § 1681 - 1688 Title IX Educational Amendments of 1972
42 USC 12101 – 12213 Americans with Disabilities Act
8 USC 1324 (IRCA) Immigration Reform and Control Act of 1986
38 USC §§ 4301-4333 Uniformed Services Employment and Reemployment Rights Act
29 USC 794 Vocational Rehabilitation Act of 1973
34 CFR § 104 Nondiscrimination on the basis of handicap in Programs or activities
receiving federal financial assistance
38 USC §4212 Vietnam Era Veterans Readjustment Act of 1974 (VEVRAA)
Policy and Legal News, June 2013 Adding Legal Reference to Policy 5010
Policy News, June 2011 Laws Against Discrimination Address Equal Education Opportunities
Policy News, February 2011 Nondiscrimination
Policy News, August 2007 Washington’s Law Against Discrimination
Policy News, June 2001 State Updates Military Leave Rights
Adoption Date: 3.08
Curlew School District
Revised Date: 03.27.08