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Article 03 – Nondiscrimination

3.0 NONDISCRIMINATION

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, 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 sexual harassment.

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

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.

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

  • 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).

The District will immediately provide the Union with a notification of the complaint to facilitate timely investigation. The District will conduct an investigation and provide a report of findings and action within 20 business days.

No employee shall be retaliated against for reporting or filing a complaint of discrimination as defined above.

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.

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

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