2024                     6120

Personnel

 

SUBJECT:    EQUAL EMPLOYMENT OPPORTUNITY

 

Overview

The District is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses employment discrimination. It is just one component of the District’s overall commitment to maintaining a discrimination and harassment-free educational and work environment.

Consistent with this commitment and in accordance with law and regulation, the District is an equal opportunity employer that does not discriminate against any employee or applicant for employment in its programs and activities on the basis of any legally protected class or category including but not limited to: age; race; creed; religion; color; national origin; sexual orientation; gender identity or expression; military status; sex; disability; predisposing genetic characteristics; familial status; marital status; status as a victim of domestic violence; and criminal arrest or conviction record.

Additionally, the District does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in admission and employment.

The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of employment discrimination. The District will promptly respond to reports of employment discrimination, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections, and impose disciplinary measures and implement remedies when warranted.

 

 

Grievance Process for Complaints of Employment Discrimination

Various District policies and documents address employment discrimination. All complaints will be handled in accordance with the applicable District policies and/or documents. 

The determination as to which District policies and/or documents are applicable is fact specific, and the CRCO may work with other District staff to determine which District policies and/or documents are applicable to the specific facts of the complaint.

 

Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)

The District prohibits retaliation against any individual because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing related to a complaint of employment discrimination.

Complaints of retaliation may be directed to the CRCO. If the CRCO is unavalable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.

Where appropriate, follow-up inquiries will be made to ensure that the discrimination has not resumed and that those involved in the investigation have not suffered retaliation.

 

 

 

• 8 USC § 1324b
• 29 USC § 206
• 42 USC § 1981
• Age Discrimination in Employment Act of 1967 (ADEA), 29 USC § 621 et. seq.
• Americans with Disabilities Act (ADA), 42 USC § 12101, et seq.
• Genetic Information Non-Discrimination Act (GINA), 42 USC § 2000ff et. seq.
• National Labor Relations Act (NLRA), 29 USC § 151 et seq.
• Section 504 of the Rehabilitation Act of 1973, 29 USC § 790 et. seq.
• Title VI of the Civil Rights Act of 1964, 42 USC § 2000d, et seq.
• Title VII of the Civil Rights Act of 1964, 42 USC § 2000e, et seq.
• Title IX of the Education Amendments of 1972, 20 USC § 1681, et seq.
• Uniformed Services Employment and Reemployment Rights Act (USERRA),   38  USC §  4301 et seq.
• 28 CFR Part 35
• 29 CFR Chapter I – National Labor Relations Board
• 29 CFR Chapter XIV – Equal Employment Opportunity Commission
• 34 CFR Parts 100, 104, and 106
• 45 CFR Part 86 
• Civil Rights Law § § 40, 40-a, 40-c, 47-a, 47-b, and 48-a
• Civil Service Law § § 75-B and 115
• Correction Law § 752
• Labor Law § § 194-a, 201-d, 201-g, 203-e, 206-c, and 215
• New York State Human Rights Law, Executive Law § 290 et seq.
• Military Law §§ 242, 243, and 318
• 9 NYCRR § 466 et seq.

 

NOTE:      Refer also to Policies

• #3420 — Non-Discrimination and Anti-Harassment in the District
• #3421 — Title IX and Sex Discrimination
•  #6121 — Sexual Harassment in the Workplace
• #6122 — Employee Grievances

 

 

Adopted:  1/24/95

Revised:  8/24/11; 10/24/17; 9/22/20, 1/4/22; 8/20/24