5010 Nondiscrimination and Affirmative Action

The district will provide equal employment opportunity and treatment for all applicants and staff in recruitment, hiring, retention, assignment, transfer, promotion, and training. Such equal employment opportunity will be provided without discrimination with respect to race, creed, religion, color, national origin, age, honorably-discharged veteran or military status, sex, sexual orientation, including gender expression or identity, marital status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability.
The Board will designate a staff member to serve as the compliance officer.
Affirmative Action
The district, as a recipient of public funds, is committed to undertake affirmative action which will make effective equal employment opportunities for staff and applicants for employment. Such affirmative action will include a review of programs, the setting of goals, and the implementation of corrective employment procedures to increase the ratio of aged, persons with disabilities, ethnic minorities, women, and Vietnam veterans who are under-represented in the job classifications in relationship to the availability of such persons having requisite qualifications. Affirmative action plans may not include hiring or employment preferences based on gender or race, including color, ethnicity, or national origin. Such affirmative action will also include recruitment, selection, training, education, and other programs.
The superintendent will develop an affirmative action plan which specifies the personnel procedures to be followed by the staff of the district and will ensure that no such procedures discriminate against any individual. Reasonable steps will be taken to promote employment opportunities of those classes that are recognized as protected groups — aged, persons with disabilities, ethnic minorities, women, and Vietnam veterans, although under state law racial minorities and women may not be treated preferentially in public employment.
This policy, as well as the affirmative action plan, regulations, and procedures developed according to it, will be disseminated widely to staff in all classifications and to all interested patrons and organizations. Progress toward the goals established under this policy will be reported to the board annually.
Employment of Persons with Disabilities
In order to fulfill its commitment of nondiscrimination to those with disabilities, the following conditions will prevail:
  1. No qualified person with disabilities will, solely by reason of a disability, be subjected to discrimination, and the district will not limit, segregate, or classify any applicants for employment or any staff member in any way that adversely affects his/her opportunities or status because of a disability. This prohibition applies to all aspects of employment from recruitment to promotions and includes fringe benefits and other elements of compensation.

  2. The district will make reasonable accommodation for the known physical or mental limitations of an otherwise qualified disabled applicant or staff member unless it is clear that an accommodation would impose an undue hardship on the operation of the district program. Such reasonable accommodations may include:

  1. Making facilities used by staff readily accessible and usable by persons with disabilities; and

  2. Job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, and other similar actions.

In determining whether or not accommodation would impose an undue hardship on the district, factors to be considered include the nature and cost of the accommodation.

  1. The district will not use employment tests or criteria that screen out persons with disabilities unless:

  1. The test or criteria is clearly and specifically job-related; and

  2. Also, the district will not use such tests if alternative tests or criteria (that do not screen out persons with disabilities) are available.

  1. While the district may not make pre-employment inquiry as to whether an applicant has a disability or as to the nature and severity of any such disability, it may inquire into an applicant's ability to perform job-related functions.

  2. Any staff member who believes that there has been a violation of this policy or the law prohibiting discrimination because of a disability may initiate a grievance through the procedures for staff complaints.

Nondiscrimination for Military Service
The district will not discriminate against any person who is a member of, applies to be a member of, or performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service on the basis of that participation in uniformed service. This includes initial employment, retention in employment, promotion, or any benefit of employment. The district will also not discriminate against any person who has participated in the enforcement of these rights under state or federal law.
Legal References:
RCW 28A.400.310 Law against discrimination applicable to districts’ employment practices
RCW 28A.640.020 Regulations, guidelines to eliminate discrimination — Scope — Sexual harassment policies
Chapter 28A.642 RCW Discrimination prohibition
Laws of 2018, ch. 116 Wages and advancement opportunities —Gender
Chapter 49.60 RCW Discrimination — Human rights commission
RCW 49.60.030 Freedom from discrimination — Declaration of civil rights
RCW 49.60.180 Unfair practices of employers
RCW 49.60.400 Discrimination, preferential treatment prohibited
Chapter 73.16 RCW Employment and reemployment
Chapter 392-190 WAC Equal educational opportunity – Unlawful discrimination prohibited
WAC 392-190-0592 Public school employment — Affirmative action program
42 USC § 2000e1 – 2000e 10 Title VII of the Civil Rights Act of 1964
20 USC § 1681 – 1688 Title IX Educational Amendments of 1972
42 USC § 12101 – 12213 Americans with Disabilities Act
8 USC § 1324 Immigration Reform and Control Act of 1986
38 USC §§ 4301-4333 Uniformed Services Employment and Reemployment Rights Act
29 USC § 794 Vocational Rehabilitation Act of 1973
34 CFR § 104 Nondiscrimination on the basis of handicap in programs or activities receiving federal financial assistance
38 USC §4212 Vietnam Era Veterans Readjustment Act of 1974
Adoption Date: 1/26/82
Franklin Pierce Schools
Revised: 1/23/96; 11/18/08; 9/13/11; 12/11/2018
Reviewed with no Board action: 9/15/14
Classification: Priority