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NONDISCRIMINATION/AFFIRMATIVE ACTION
The Board of Education guarantees to all persons equal access to all categories of employment, retention and advancement in this district, regardless of race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, familial status, liability for service in the Armed Forces of the United States, atypical hereditary cellular or blood trait of any individual or nonapplicable disability. An affirmative action/equity program shall be a part of every aspect of employment not limited to but including upgrading; demotion or transfer; recruitment or recruitment advertising; renewal or non-renewal; layoff or termination; rates of pay or other forms of compensation including fringe benefits; employment selection or selection for training and apprenticeships; promotion; or tenure. The Board-designated affirmative action officer shall identify and recommend correction of any existing inequities, and any that occur in the future. Harassment and Favoritism The Board of Education is an affirmative action employer and holds all its employees responsible for maintaining a working environment that is free from all discriminatory practices. Harassment or favoritism on any basis included in the Board's statement of equal access to employment, retention and advancement is prohibited. Administrators and supervisors shall be familiarized with the actions which constitute harassment and favoritism. This material shall be included in the legally mandated affirmative action inservice training for all employees, and shall be clear and specific (see policy 2224). When harassment has been determined to have taken place, appropriate disciplinary action will follow. All such determination shall be reported to the Board. Sexual Harassment The Board of Education shall maintain a working environment that is free from sexual harassment. Administrators and supervisors will make it clear to all staff that sexual harassment is prohibited. No supervisory employee shall threaten or insinuate, either directly or indirectly, that an employee's refusal to submit to sexual advances will adversely affect the employee's continued employment, evaluation, compensation, assignment or advancement. No supervisory employee shall promise or suggest, either directly or indirectly, that an employee's submission to sexual advances will result in any improvement in any term or condition of employment of an employee. Sexually harassing conduct committed by nonsupervisory personnel is also prohibited. Staff may file a formal grievance related to sexual harassment. The Superintendent or his/her designee will receive all complaints and carry out a prompt and thorough investigation and will protect the rights of both the person making the complaint and the alleged harasser. Findings of discrimination in the form of sexual harassment will result in appropriate disciplinary action. "Whistleblower" Protection The Board prohibits discrimination or retaliation against any school employee who does any of the following:
Report on Implementation The Superintendent or his/her designee shall devise regulations, including grievance forms and procedures to implement this policy. He/she shall be responsible for informing staff annually of the identity and location of the affirmative action officer and the implementing procedures. Date: April 14, 1986 December 10, 1990 Revised June 10, 2002 First Reading July 29, 2002, Approved Legal References: N.J.S.A. 10:5-1 et seq. Law Against Discrimination See particularly: N.J.S.A. 10:5-3, -4.1, -12, -27 N.J.S.A. 18A:6-5 Inquiry as to religion and religious tests prohibited N.J.S.A. 18A:6-6 No sex discrimination N.J.S.A. 18A:18A-17 Facilities for handicapped persons N.J.S.A. 18A:26-1 Citizenship of teachers, etc. N.J.S.A. 18A:26-1.1 Residence requirements prohibited N.J.S.A. 18A:29-2 Equality of compensation for male and female teachers N.J.S.A. 34:19-1 et seq. Conscientious Employee Protection Act N.J.A.C. 6:4-1.1 et seq. Equality in Educational Programs See particularly: N.J.A.C. 6:4-1.3, -1.6 N.J.A.C. 6:8-4.1 Review of mandated programs and services N.J.A.C. 6A:30-1.1 et seq. Evaluation of the Performance of School Districts Executive Order 11246 as amended 29 U.S.C.A. 201 - Equal Pay Act of 1963 as amended 20 U.S.C.A. 1681 et seq. - Title IX of the Education Amendments of 1972 42 U.S.C.A. 2000e et seq. - Title VII of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunities Act of 1972 29 U.S.C.A. 794 et seq. - Section 504 of the Rehabilitation Act of 1973 20 U.S.C.A. 1401 et seq. - Individuals with Disabilities Education Act 42 U.S.C.A. 12101 et seq. - Americans with Disabilities Act (ADA) Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) School Board of Nassau County v. Arline, 480 U.S. 273 (1987) Vinson v. Superior Court of Alameda County, 740 P.2d 404 (Cal. Sup. Ct. 1987) Taxman v. Piscataway Bd. of Ed., 91 F. 3d 1547 (3d Cir. 1996) Manual for the Evaluation of Local School Districts (August 2000) Multi-year Equity Plan for 1996-97 through 1998-99, SDOE Bureau of Equal Educational Opportunity, Doc. #MISM260040699 Cross References: 2224 Nondiscrimination/affirmative action 3320 Purchasing procedures 4211 Recruitment, selection and hiring 4212.8 Nepotism 4247 Employee safety 5145.4 Equal educational opportunity 6121 Nondiscrimination/affirmative action Key Words Affirmative Action, Nondiscrimination, Employee Nondiscrimination/Affirmative Action |
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