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District Policies

Viewing Policy: SP 4030 Nondiscrimination in Employment



                                                                                                                                         

 

NONDISCRIMINATION IN EMPLOYMENT

 

The San Benito County Superintendent of Schools is committed to provide employees, interns, volunteers, 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. This policy shall apply to all Department employees and, to the extent required by law, to interns, volunteers, and job applicants.

No Department employee shall be discriminated against or harassed by any coworker, supervisor, manager, or other person with whom the employee comes in contact in the course of employment, on the basis of the employee’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 or his/her association with a person or group with one or more of these actual or perceived characteristics.

Discrimination in employment based on the characteristics listed above is prohibited in all areas of employment and in all employment-related practices, including the following:

  1. Discrimination in hiring, compensation, terms, conditions, and other privileges of employment.
  2. Taking of an adverse employment action, such as termination or the denial of employment, promotion, job assignment, or training.
  3. Unwelcome conduct, whether verbal, physical, or visual, that is so severe or pervasive as to adversely affect an employee’s employment opportunities, or that has the purpose or effect of unreasonably interfering with the individual’s work or creating an intimidating, hostile, or offensive work environment.
  4. Actions and practices identified as unlawful or discriminatory pursuant to Government Code 12940 or 2 CCR 11006-11086, such as:
  5. Sex discrimination based on an employee’s pregnancy, childbirth, breastfeeding, or any related medical condition or on an employee’s gender, gender expression, or gender identity, including transgender status.
  6. Religious creed discrimination based on an employee’s religious belief or observance, including his/her religious dress or grooming practices, or based on the Department’s failure or refusal to use reasonable means to accommodate an employee’s religious belief, observance, or practice which conflicts with an employment requirement.
  7. Disability discrimination based on a Department requirement for a medical or psychological examination of a job applicant, or an inquiry into whether a job applicant has a mental or physical disability or a medical condition or as to the severity of any such disability or condition, without the showing of a job-related need or business necessity.

 

  1. Disability discrimination based on the Department’s failure to make reasonable accommodation for the known physical or mental disability of an employee or to engage in a timely, good faith, interactive process with an employee, to determine effective reasonable accommodations for the employee, when he/she has requested reasonable accommodation for a known physical or mental disability or medical condition.

The County Superintendent also prohibits retaliation against any Department employee or job applicant who complains, testifies, assists, or in any way participates in the Department’s complaint procedures instituted pursuant to this policy. No employee 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)

Any Department employee who engages or participates in prohibited discrimination or harassment, or who aids, abets, incites, compels, or coerces another to engage or attempt to engage in such behavior, shall be in violation of this policy and shall be subject to disciplinary action, up to and including dismissal.

 

The County Superintendent designates the following position(s) as Coordinator(s) for Nondiscrimination in Employment:

Assistant Superintendent, Administrative Services 460 Fifth Street | Hollister, CA| 95023

831.637.5393

 

Any employee or job applicant who believes that he/she has been or is being discriminated against or harassed in violation of Department policy or regulation should immediately contact his/her supervisor, the Coordinator, or the County Superintendent who shall advise the employee or applicant about the Department’s procedures for filing, investigating, and resolving any such complaints.

 

Complaints concerning SBCOE 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 his/her supervisor, the Coordinator, or County Superintendent as soon as practical after the incident. All other employees are encouraged to report such incidents to their supervisor immediately.  The Department shall prohibit any acts of retaliation against any employee who reports any incidents as described in this policy.

 

Training and Notifications

 

The County Superintendent shall provide training and information to employees about how to recognize harassment, discrimination, or other related conduct, how to respond appropriately, and components of the County Superintendent’s policies and regulations regarding discrimination. The Superintendent or designee shall regularly review the Department employment practices and, as necessary, shall take action to ensure compliance with the nondiscrimination laws.

 

 

 

NONDISCRIMINATION IN EMPLOYMENT  (continued)

 

The County Superintendent or designee has the ongoing responsibility to publicize the provisions of the Department’s nondiscrimination policy to students, parents, employees, agents of the governing board and the general public. Such publication shall be included in each announcement, bulletin, or application form that is used in employee recruitment. (34 CFR 100.6, 106.9)The Department’s policy shall be posted in all offices including staff lounges and meeting rooms.  (5 CCR 4960) In addition, the County Superintendent or designee shall post, in a conspicuous place on Department premises, the California Department of Fair Employment and Housing publication on workplace discrimination and harassment issued pursuant to 2 CCR 11013.

 

 

Legal Reference: (see next page)

 

 

 

NONDISCRIMINATION IN EMPLOYMENT  (continued)

 

Legal Reference:

EDUCATION CODE

200-262.4  Prohibition of discrimination CIVIL CODE

51.7  Freedom from violence or intimidation GOVERNMENT CODE

11135 Unlawful discrimination

12900-12996 Fair Employment and Housing Act PENAL CODE

422.56 Definitions, hate crimes CODE OF REGULATIONS, TITLE 2

11006-11086 Discrimination in employment

11013 Recordkeeping

11019 Terms, conditions and privileges of employment

11023 Harassment and discrimination prevention and correction

11024 Sexual harassment training and education

CODE OF REGULATIONS, TITLE 5

4900-4965  Nondiscrimination in elementary and secondary education 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

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

  • Designation of responsible employee for Section 504
  • Notice
  • Designation of responsible employee and adoption of grievance procedures
  • Dissemination of policy

110.1-110.3 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 CalApp.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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PUBLICATIONS

Questions and Answers: Religious Discrimination in the Workplace, 2008

Enforcement Guidance:  Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, October 2002

Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors, June 1999

 

New Compliance Manual Section 15: Race and Color Discrimination, April 2006

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS

Notice of Non-Discrimination, January 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 Approved: 10-11-18

Policy Revised 12-12-18