24. October 2018 · Comments Off on CBA 3 – Nondiscrimination · Categories: Your Contract

What’s In Your Contract?
Article 3 – Nondiscrimination

“No employee shall be discriminated against because of… non‐merit/non‐job related factors.”

That’s the basis of the nondiscrimination language, which is supported by Board Policy 4030. Several specific categories of prohibited discrimination are listed, and protection from sexual harassment is specifically called out.

If you believe you are being mistreated on the basis of non-job-related factors, including protected category discrimination, you may report to:

  • the employee’s immediate supervisor;
  • the District’s Human Resources Department (Executive Director of Talent Management or Chief Administrative Officer);
  • the District’s Labor Relations Department (Senior Labor Relations Representative or Chief of Labor Relations);or
  • the District’s Office of Equity (Director).

In general, these reports take the form of a Uniform Complaint. A uniform complaint triggers an investigation, and the District is bound to provide a report of findings and action within 20 business days.

If the complaint is specifically about discrimination in hiring or firing, it should be instead reported to the California Department of Fair Employment and Housing and the City’s Office of Equal Employment Opportunity

You are protected by contract, policy, and law from retaliation for filing a complaint of discrimination, and the union and the District are bound to strict confidence in handling the complaint, which means no unnecessary sharing of information in the course of investigation. However, you should be aware that the investigation will include interviews with those against whom you make allegations.

If you have a fear of retaliation or an employment-related discrimination concern, please contact a steward for assistance so we can ensure all of your rights are protected.

If you have been assaulted or threatened, you have additional protections and options under contract Article 24.

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