All Personnel – Nondiscrimination In Employment

San Francisco Unified School District and County Office of Education

Board Policy 4030

All Personnel – Nondiscrimination In Employment

 

This Board Policy applies to the San Francisco Unified School District and the County Office of Education.

 

The San Francisco Unified School District is committed to providing a safe and positive educational and work environment where employees, interns, volunteers and applicants are assured of full and equal employment access and opportunities, protection from harassment or intimidation, and freedom from any fear of retaliation or reprisal for asserting their employment rights in accordance with law.

 

(cf. 1240 – Volunteer Assistance)

(cf. 3312 – Contracts)

(cf. 3600 – Consultants)

(cf. 4111/4211/4311 – Recruitment and Selection)

Applicability

 

This policy applies to all employees and agents of the District, District contractors, applicants for employment, and members of the public who interact with District staff, and, to the extent required by law, volunteers and interns.

The Board prohibits District employees from discriminating against or harassing any other employee, volunteer, intern, contractor, job applicant, or other person with whom the employee comes in contact in the course of employment 

 

 

Prohibited Conduct
 

No District 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 person’s actual or perceived race, religious creed, color, national origin, ancestry, age, marital status, pregnancy, physical or mental disability, medical condition, genetic information, military or veteran status, gender, gender identity, gender expression, sex, or sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics or any other basis prohibited by law, in all District operations. This policy also prohibits District employees from discriminating against or harassing any volunteer, intern, contractor, job applicant, or other person with whom the employee comes in contact in the course of employment.

 

The District shall not inquire into any employee’s immigration status nor discriminate against an employee on the basis of immigration status, unless there is clear and convincing evidence that it is necessary to comply with federal immigration law. (2 CCR 11028)

 

 

(cf. 0410 – Nondiscrimination in District Programs and Activities)

 

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

 

 

 

(cf. 4151/4251/4351 – Employee Compensation)

(cf. 4154/4254/4354 – Health and Welfare Benefits)

 

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 performance 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:

 

1. 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

(cf. 4033 – Lactation Accommodation)

(cf. 4119.11/4219.11/4319.11 – Sexual Harassment)
 

2. Religious creed discrimination based on an employee’s religious belief or observance, including religious dress or grooming practices, or based on the District’s failure or refusal to use reasonable means to accommodate an employee’s religious belief, observance, or practice which conflicts with an employment requirement

 

(cf. 4119.22/4219.22/4319.22 – Dress and Grooming)

 

3. Requirement for a medical or psychological examination of a job applicant, or an injury 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

 

(cf. 4119.41/4219.41/4319.41 – Employees with Infectious Disease)

 

 

4. 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 who has requested such accommodation in order to determine the effective reasonable accommodations, if any, to be provided to the employee

 

(cf. 4032 – Reasonable Accommodation)

 

 

The Board also prohibits retaliation against any District employee who opposes any discriminatory employment practice by the District or its employees, agents, or representatives or who complains, testifies, assists, or in any way participates in the District’s complaint process 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 for making the request, regardless of whether the request was granted. (Government Code 12940; 2 CCR 11028)

 

No employee shall, in exchange for a raise or bonus or as a condition of employment or continued employment, be required to sign any document that releases the employee’s right to file a claim against the District or to disclose information about harassment or other unlawful employment practices. (Government Code 12964.5) Negotiated settlement agreements to resolve an underlying claim are excepted. (Government Code 12964.5(c)(1))

 

Complaints concerning employment discrimination, harassment, or retaliation shall 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, including harassment of an employee by a nonemployee, shall report the incident to the Superintendent or designated District coordinator as soon as practical after the incident. All other employees are encouraged to report such incidents to their supervisor immediately. The District shall protect any employee who reports such incidents from retaliation.

 

The Superintendent or designee shall use all appropriate means to reinforce the District’s nondiscrimination policy, including providing training and information to employees about how to recognize harassment, discrimination, or other related conduct, how to respond appropriately, and components of the District’s policies and regulations regarding discrimination. The Superintendent or designee shall regularly review the District’s employment practices and, as necessary, shall take action to ensure District compliance with the nondiscrimination laws.

 

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

 

 

(cf. 4118 – Dismissal/Suspension/Disciplinary Action)

(cf. 4218 – Dismissal/Suspension/Disciplinary Action)

 

 

 

Legal Reference:

 

EDUCATION CODE

200-262.4   Prohibition of discrimination

CIVIL CODE

51.7   Freedom from violence or intimidation

GOVERNMENT CODE

11135   Unlawful discrimination

11138   Rules and regulations

12900-12996   Fair Employment and Housing Act, especially:

12940-12952   Unlawful employment practices

12960-12976   Unlawful employment practices; complaints

PENAL CODE

422.56   Definitions, hate crimes

CODE OF REGULATIONS, TITLE 2

11006-11086   Discrimination in employment, especially:

11013   Recordkeeping

11019   Terms, conditions and privileges of employment

11023   Harassment and discrimination prevention and correction

11024   Sexual harassment training and education

11027-11028   National origin and ancestry discrimination

CODE OF REGULATIONS, TITLE 5

4900-4965   Nondiscrimination in elementary and secondary education programs

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

6101-6107   Age discrimination in federally assisted programs

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

104.7   Designation of responsible employee for Section 504

104.8   Notice

106.8   Designation of responsible employee and adoption of grievance procedures

106.9   Dissemination of policy

110.1-110.39   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 Cal.App.4th 837

 

Management Resources:

 

CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING PUBLICATIONS

California Law Prohibits Workplace Discrimination and Harassment

Transgender Rights in the Workplace

Workplace Harassment Guide for California Employers

Your Rights and Obligations as a Pregnant Employee

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

Notice of Non-Discrimination, August 2010

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PUBLICATIONS

EEOC Compliance Manual

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

 

 

Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.