Nondiscrimination and Affirmative Action - 5010

Mukilteo School District
Personnel - Series 5000
Nondiscrimination and Affirmative Action - 5010
    1. Nondiscrimination

      The District is committed to an educational and working environment free from discrimination and harassment in this policy.  This policy and accompanying procedure prohibits discrimination and harassment of any staff member, volunteers, and contractors who work on behalf of the District.

    2. Equal Employment Opportunity

      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 a legally protected characteristic, which include the following: race, creed, religion, color, national origin, age, honorably discharged veteran or military status, sex, sexual orientation including gender expression or identity, marital status, disability, or the use of a trained dog guide or service animal by a person with a disability.

    3. Discriminatory Harassment

Discriminatory harassment is unwelcome conduct that is:

      1. Directed toward a person based on a protected characteristic;
      2. Sufficiently severe or pervasive;
      3. Unreasonably interferes with a person's work environment or ability to perform job duties; and
      4. The cause of an intimidating, hostile, or offensive environment.

Examples of discriminatory harassment include, but are not limited to:

      1. Unwelcome jokes or comments about a legally protected characteristic (e.g., racial or ethnic jokes);
      2. Disparaging remarks to or about a person's legally protected characteristic (e.g., negative or offensive remarks or jokes about a person's religion or religious garments);
      3. Displaying negative or offensive posters or pictures about a legally protected characteristic;
      4. Physical conduct toward a person due to that person's legally protected characteristic;
      5. All communications, including those conveyed electronically, such as by e-mail, telephone or voicemail, text messaging, or social media or other internet use, that directly or indirectly implicates a legally protected characteristic;
        or
      6. Any other unwelcome conduct that implicated a legally protected characteristic.

In most instances, discriminatory harassment does not include supervisory or evaluative practices. The Superintendent will designate a staff member to serve as Affirmative Action/Title IX Compliance officer.

    1. 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 and 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 annually to the Board.

    2. 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 their 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 accommodations to 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.  

        1. Making facilities used by staff readily available 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 accomodation would impose an undue hardship on the District, factors to be considered include the nature and cost of the accomodation.

      3. The District will not use any employment tests or criteria that screen out persons with disabilities unless the test or criteria is clearly and specifically job-related. Also, the District will not use such tests or criteria if alternative tests or criteria (that do not screen out persons with disabilities) are available.

      4. 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.

      5. 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.

    3. Nondiscrimination for Military Service

      The District will not discriminate against any person who is a member of, applies to be a member 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 a uniformed service This includes initial employment, retention in employment, promotion or any benefit of employment. The District will not discriminate against any person who has participated in the enforcement of these rights under state or federal law.



Cross References:

Board Policy 3212 Service Animals
Board Policy 4312 Complaints Regarding Staff or Programs
Board Policy 5025 Sexual Harassment of District Staff Prohibited


Legal References:

RCW 28A.400.310 Law against discrimination applicable to district's employment practices
RCW 28A.640.020 Regulations, guidelines to eliminate discrimination -- Scope
RCW 28A.642 Discrimination Prohibition 
RCW 49.60 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
RCW 73.16 Employment and reemployment
WAC 392-190 Equal Education Opportunity – Unlawful discrimination prohibited
WAC 392-190-0592 Public school employment – Affirmative action program 
Title VII of the Civil Rights Act of 1964
Title IX of the Educational Amendments of 1972
P.L. 99-603(IRCA) Immigration Reform and Control Act of 1986
42 U.S.C. SS 12101 - 12213 Americans with Disabilities Act
P.L. 110-233 (GINA) Genetic Information Nondiscrimination Act of 2008
20 USC 1681 – 1688 Title IX Educational Amendments of 1972
8 USC 1324 (IRCA) Immigration Reform and Control Act of 1986
38 USC 4301-4333 Uniformed Services Employment and Reemployment Rights Act
29 USC 794 Vocational Rehabilitation Action of 1973
34 CFR 104 Nondiscrimination on the basis of handicap programs or activities receiving federal financial assistance
38 USC 4212 Vietnam Era Veterans Readjustment Act of 1974 (VEVRAA)
RCW 73.16 Employment and Reemployment
WAC 392-1990 Equal Education Opportunity

 

Adoption Date: November 9, 1998
Revised: March 11, 2008
Revised: January 25, 2010
Revised: September 12, 2011
Revised: March 9, 2015
Revised: October 26, 2015
Revised: April 15, 2019
Revised: November 28, 2023