3.0 Non Discrimination

3.0.1 No employee shall be discriminated against because of actual or perceived race, religious creed, color, national origin, ancestry, age, marital status, domestic partner status, pregnancy, physical or mental disability, medical condition, genetic information, HIV/AIDS status, military or veteran status, gender or gender identity, gender expression, sex or sexual orientation, ethnicity, political affiliation, affiliation with an employee organization, or other non-merit/non-job related factors provided the individual’s ability to perform the task is not impaired thereby. No employee shall be subject to harassment, including sexual harassment.

Prohibited sex discrimination includes discrimination based on an employee’s or job applicant’s pregnancy, childbirth, breastfeeding, or any related medical condition.

3.0.2 Neither SFUSD nor the Union shall interfere with, intimidate, retaliate, restrain, coerce, or discriminate against any employee because of the exercise of the employee’s rights granted pursuant to this Agreement. No employees seeking promotion, reassignment, or transfer shall in any way be discriminated against because of their Union activities.

3.0.3 The District also prohibits discrimination in compensation, terms, conditions, and other privileges of employment and the taking of any adverse employment action, including, but not limited to, termination or the denial of employment, promotion, job assignment, or training, against an employee or job applicant based in whole or in part of any of the categories listed above.

3.0.4 Any employee who believes they or another employee has been subjected to discrimination should immediately report the incident to any of the following persons and/or offices:

• the employee’s immediate supervisor;
• the District’s Human Resources Department
• (Director of Employee Relations or Head Administrative Officer)
• the District’s Labor Relations Department (Head of Labor Relations)
• the District’s Office of Equity (Director)

3.0.5 The District will immediately provide the Union with a notification of the complaint to facilitate timely investigation. In a meeting where management is investigating a formal complaint made by an employee, the employee making the complaint has the right to have a shop steward or union representative present in the meeting. If the shop steward is a witness to the complaint, another union representative shall be assigned to represent the employee. The District will conduct an investigation and provide a report of findings and action as quickly as possible. No employee shall be retaliated against for reporting or filing a complaint of discrimination as defined above.

3.0.6 To the extent possible, discrimination complaints will be treated in strict confidence by both the Union and the District. Disciplinary actions against employees found to have violated this Article may include progressive discipline appropriate to the severity and nature of the proven misconduct. If a complaint alleges discrimination by a non-District employee, interim measures and/or final corrective actions to be considered, as contemplated by Administrative Regulations, shall include excluding such person(s) from contact with the complainant and/or their worksite.

3.0.7 The District and the Union agree this Article shall be administered and enforced consistent with all relevant Board Policies, Administrative Regulations, and relevant statutes.

3.1 Reasonable Accommodation ADA

3.1.1 The Parties agree that they are required to provide reasonable accommodations for persons with disabilities in order to comply with all applicable laws and board policies.

3.1.2 An employee may request reasonable accommodation. During the process, an employee has the right, upon request, to Union representation.

3.1.3 When an employee requests a reasonable accommodation, the appropriate District designee shall meet with the employee and, at the request of the employee, with the employee’s Union representative as soon as practicable to commence the interactive process.

3.1.4 The District shall meet and confer with the Union upon request.

3.1.5 If no reasonable accommodation in the current assignment is offered, Employer should make every reasonable effort to provide a modified work duty assignment.

3.1.6 The ADA process is not subject to the grievance procedure as outlined in Article 25.