Policy No.	5010
	Adoption Date:	July 11, 1984
	Revised:	February 25, 2002

PERSONNEL NONDISCRIMINATION AND AFFIRMATIVE ACTION

Nondiscrimination

The district shall provide equal employment opportunity and treatment for all applicants and staff in recruitment, hiring, retention, assignment, transfer, promotion and training. Such equal employment opportunity shall be provided without discrimination with respect to race, color, national origin, age, gender, marital status or qualified individuals with disabilities, in compliance with RCW 49.60 Law Against Discrimination. The district may give preference to a United States citizen or national over an authorized alien if two candidates are equally qualified.

The board shall designate a staff member to serve as affirmative action/ Title IX Compliance officer.

Affirmative Action

The district, as a recipient of public funds, is committed to undertake affirmative action which shall make effective equal employment opportunities for staff and applicants for employment. Such affirmative action shall include a review of programs, the setting of goals and the implementation of corrective employment procedures to increase the ratio of under-represented groups 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 shall also include recruitment, selection, training, education and other programs.

The superintendent shall develop an affirmative action plan which specifies the personnel procedures to be followed by the staff of the district and shall ensure that no such procedures discriminate against any individual. Reasonable steps shall be taken to promote employment opportunities of those classes that are recognized as protected groups, 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, shall be disseminated widely to staff in all classifications and to all interested patrons and organizations. Progress toward the goals established under this policy shall be reported annually to the board.

Employment of Persons with Disabilities

In order to fulfill its commitment of nondiscrimination to those with disabilities, the following conditions shall prevail:

A.	No qualified person with disabilities shall, solely by reason of a disability, be subjected to discrimination, and the district shall 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.
B.	The district shall make reasonable accommodation 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. Such reasonable accommodations may include: Making facilities used by staff readily accessible and usable by persons with disabilities; and 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.
C.	The district shall not make use of any employment test or criteria that screens out disabled persons unless: The test or criteria is clearly and specifically job-related, and Alternative tests or criteria that do not screen out disabled persons are available.
D.	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.
E.	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, 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 in 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.

Cross References:

Board Policy

5270

Resolution of Staff Complaints

Legal References:

RCW	28A.400.310	Law against discrimination applicable to district's employment practices
	28A.640.020	Regulations, guidelines to eliminate discrimination--Scope
	49.60	Law Against Discrimination
	49.60.030	Freedom from discrimination
	49.60.180	Unfair practices of employer defined
	49.60.400	Affirmative action, discrimination prohibited (I-200)
WAC	162-22-050	Unfair practice
	392-200	Employment Discrimination
	392-200-015	Public school employment--Affirmative action program
Title	VII	Civil Rights Act of 1964
Title	IX	Educational Amendments of 1972
Title	IX	Education Amendments of 1974
P.L.	99-603	Immigration Reform and Control Act (IRCA) of 1986
42 U.S.C.	§§ 12101-12213	Americans with Disabilities Act
29 U.S.C.	706
Exec. Order	11246	Amended by Executive Order 11375
45 C.F.R.	84 Sec 504	Vocational Rehabilitation Act of 1973