4030 – Personnel – All Personnel – Non Discrimination in Employment

Policy – x
Regulation –
Exhibit –

Adopted – 12/4/2003
Revised –
The Governing Board prohibits unlawful discrimination against and/or harassment of District employees and job applicants on the basis of actual or perceived race, color, national origin, ancestry, religion, age, marital status, pregnancy, physical or mental disability, medical condition, veteran status, gender or sexual orientation at any District site and/or activity. The Board also prohibits retaliation against any District employee or job applicant who complains, testifies or in any way participates in the District’s complaint procedures instituted pursuant to this policy.

Any District employee who engages or participates in unlawful discrimination, or who aids, abets, incites, compels or coerces another to discriminate, is in violation of this policy and is subject to disciplinary action, up to and including dismissal.

Any District employee who observes or has knowledge of an incident of unlawful discrimination or harassment shall report the incident to the principal, District administrator or Superintendent as soon as practical after the incident. Failure of a District employee to report discrimination or harassment may result in disciplinary action.

The Superintendent or designee shall regularly publicize, within the District and in the community, the District’s nondiscrimination policy and the availability of complaint procedures. (34 CFR 100.6)

The District’s policy shall be posted in all schools and offices including staff lounges and student government meeting rooms. (5 CCR 4960)

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

Superintendent 435 Hillcrest Avenue
Telephone: 831-646-6520 Pacific Grove, CA 93950

Other Remedies

An employee may, in addition to filing a discrimination complaint with the District, file a complaint with either the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). The time limits for filing such complaints are as follows:

1. To file a valid complaint with DFEH, the employee must file his/her complaint within one year of the alleged discriminatory act(s). (Government Code 12960).
2. To file a valid complaint directly with EEOC, the employee must file his/her complaint within 180 days of the alleged discriminatory act(s). To file a valid complaint with EEOC after filing a complaint with DFEH, the employee must file the complaint within 300 days of the alleged discriminatory act(s) or within 30 days after the termination of proceedings by DFEH, whichever is earlier. (42 USC 200e-5).

Employees wishing to file complaints with the DFEH and EEOC should contact the nondiscrimination coordinator for more information.

Legal Reference:
GOVERNMENT CODE
11135 Unlawful discrimination
12900-12996 Fair Employment and Housing Act
CODE OF REGULATIONS, TITLE 2
7287.6 Terms, conditions and privileges of employment
CODE OF REGULATIONS, TITLE 5
4900-4965 Nondiscrimination in elementary and secondary education programs receiving state financial assistance
UNITED STATES CODE, TITLE 20
1681-1688 Discrimination based on sex or blindness, Title IX
UNITED STATES CODE, TITLE 29
794 Section 504 of the Rehabilitation Act of 1973
UNITED STATES CODE, TITLE 42
2000d-2000d-7 Title VI, Civil Rights Act of 1964
UNITED STATES CODE, TITLE 42
2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended
UNITED STATES CODE, TITLE 42
2000h-2-2006-6 Title IX, 1972 Education Act Amendments
UNITED STATES CODE, TITLE 42
12101-12213 Americans With Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 28
35.101-35.190 American with Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 34
100.6 Compliance information
104.8 Notice
106.8 Designation of responsible employee and adoption of grievance procedures
106.9 Dissemination of policy
Management Resources
EQUAL EMPLOYMENT OF OPPORTUNITY COMMISSION
Enforcement Guidance; Vicarious Employer Liability for Unlawful Harassment by Supervisors, June 1999
Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, March 1999
OFFICE OF CIVIL RIGHTS
Notice of Non-Discrimination, January, 1999

WEBSITES
EEOC: http://www.eeoc.gov/
OCR: http://ww.ed.gov/offices/OCR
DFEH: http://www.dfeh.ca.gov/

CSBA Date – 11/01

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