BP 4030 — NONDISCRIMINATION IN EMPLOYMENT

Personnel BP 4030(a)

NONDISCRIMINATION IN EMPLOYMENT

The Board of Education desires to provide a safe, positive environment where all District
employees are assured of full and equal employment access and opportunities, protection
from harassment and intimidation, and freedom from any fear of reprisal or retribution for
asserting their employment rights in accordance with law.

(cf.1240 - Volunteer Assistance)
(cf. 3312 - Contracts)
(cf. 3600 - Consultant)
(cf. 4111/4211/4311 - Recruitment and Selection)

No District employee shall be discriminated against or harassed by any coworker,
supervisor, manager, or other person with whom the employee comes in contact in the
course of employment, on the basis of the person’s actual or perceived race, religious
creed, color, national origin, ancestry, age, parental, family, or marital status; pregnancy,
child birth, termination of pregnancy, or lactation, including related medical conditions and
recovery; physical or mental disability, medical condition, genetic information, military and
veteran status, gender, gender identity, gender expression, sex, sexual orientation or
association with a person or group with one or more of these actual or perceived
characteristics.
(cf. 0410 - Nondiscrimination in District Programs and Activities)

Discrimination in employment based on the characteristics listed above is prohibited in all
areas of employment and in all employment-related practices, including the following:

1. Hiring, compensation, terms, conditions, and other privileges of employment

(cf. 4151/4251/4351 - Employee Compensation)
(cf. 4154 - Health and Welfare Benefits)

2 . Unwelcome conduct, whether verbal, physical, or visual that is so severe or pervasive
as to adversely affect an employee’s employment opportunities, or that has the
purpose or effect of unreasonably interfering with the individual’s work performance,
or creating an intimidating hostile, or offensive work environment.

3. Actions and practices identified as unlawful or discriminatory pursuant to government
code 12940 or 2 CCR 11006-11086, such as:
a. Sex discrimination as specified in board policy and administrative regulation
4119.11/4219.11/4319.11 – sex discrimination and sex-based harassment.

(cf. 4033 - Lactation Accommodation)
(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)
 BP 4030(b)
NONDISCRIMINATION IN EMPLOYMENT

b. An employee’s religious belief or observance, including religious dress or
grooming practices or based on the District's failure or refusal to use reasonable
means to accommodate an employee’s religious belief, observance, or practice
which conflicts with an employment requirement.
c. Requirement for a medical or psychological examination of a job applicant, or an
inquiry into whether a job applicant has a mental or physical disability or a
medical condition or as to the severity of any such disability or condition, without
the showing of a job-related need or business necessity.

(cf. 4119.41/4219.41/4319.41 - Employees with Infectious Disease)
(cf. 4032 - Reasonable Accommodation)

The Board also prohibits retaliation against any District employee who complains,
testifies, assists, or in any way participates in the District’s complaint process pursuant to
this policy. No employee who requests an accommodation for any protected characteristic
listed in this policy shall be subjected to any punishment or sanction, regardless of
whether the request was granted. (Government Code 12940)

Complaints concerning employment discrimination, harassment, or retaliation shall
immediately be investigated in accordance with procedures specified in the
accompanying administrative regulation. However, complaints alleging sex discrimination
under title ix shall be investigated and resolved in accordance with the procedures
specified in 34CFR 106.44 and 106.45 and administrative regulation
4119.12/4219.12/4319.12 – Title IX Sex Discrimination and Sex-Based Harassment
Complaint Procedures.

Any supervisory or management employee who observes or has knowledge of an incident
of prohibited discrimination or harassment, shall report the incident to the Coordinator or
Superintendent as soon as practical after the incident. All other employees are to report
such incidents to their supervisor immediately.

The Superintendent or designee shall use all appropriate means to reinforce the District's
nondiscrimination policy. He/she shall provide training and information to employees
about how to recognize harassment and discrimination, or other prohibited conduct, how
to respond appropriately, and components of the District's policies and regulations
regarding discrimination. The Superintendent or designee shall regularly review the
District's employment practices and, as necessary, shall take action to ensure District
compliance with the nondiscrimination laws.

Any District employee who engages in prohibited discrimination, harassment, or
retaliation or who aids, abets, incites, compels, or coerces another to engage or attempt
to engage in such behavior in violation of this policy shall be subject to disciplinary action,
up to and including dismissal.
 BP 4030(c)
NONDISCRIMINATION IN EMPLOYMENT

(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

The District shall maintain and preserve all applications, personnel, membership, or
employment referral records and files for at least four years after the records are initially
created or received or, for an applicant or a terminated employee, for four years after the
date the employment actions was taken. However, when the District is notified that a
complaint has been filed with the California Civil Rights Department, records related to the
employee involved shall be maintained and preserved until the later of the first date after
the time for filing a civil action has expired or the first date after the complaint has been
fully and finally disposed of and all administrative proceedings, civil actions, appeals, or
related proceedings have been terminated. (Government Code 12946)

Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination
CIVIL CODE
51.7 Freedom from violence or intimidation
GOVERNMENT CODE
11135 Unlawful discrimination
11138 Rules and regulations
12900-12996 Fair Employment and Housing Act
12940-12952 Unlawful employment practices
12960-12976 Unlawful employment practices; complaints
PENAL CODE
422.56 Definitions, hate crimes
CODE OF REGULATIONS, TITLE 2
11006-11086 Discrimination in employment
11013 Recordkeeping
11019 Terms, conditions and privileges of employment
11023 Harassment and discrimination prevention and correction
11024 Sexual harassment training and education
11027-11028 National origin and ancestry discrimination
CODE OF REGULATIONS, TITLE 5
4900-4965 Nondiscrimination in elementary and secondary education programs
UNITED STATES CODE, TITLE 20
1681-1688 Title IX of the Education Amendments of 1972
UNITED STATES CODE, TITLE 29
621-634 Age Discrimination in Employment Act
794 Section 504 of the Rehabilitation Act of 1973
UNITED STATES CODE, TITLE 42
2000d-2000d-7 Title VI, Civil Rights Act of 1964, as amended
2000e-2000e-17 Title VII, Civil Rights Act of 1964, as amended
2000ff-2000ff-11 Genetic Information Nondiscrimination Act of 2008
2000h-2-2000h-6 Title IX of the Civil Rights Act of 1964
6101-6107 Age discrimination in federally assisted programs
12101-12213 Americans with Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 28
35.101-35.190 Americans with Disabilities Act
 BP 4030(d)
NONDISCRIMINATION IN EMPLOYMENT

CODE OF FEDERAL REGULATIONS, TITLE 34
100.6 Compliance information
104.7 Designation of responsible employee for Section 504
104.8 Notice
106.8 Designation of responsible employee and adoption of grievance procedures
106.9 Dissemination of policy
110.1-110.39 Nondiscrimination on the basis of age
COURT DECISIONS
Thompson v. North American Stainless LP, (2011) 131 S.Ct. 863
Shephard v. Loyola Marymount, (2002) 102 Cal.App.4th 837

Management Resources:
CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING PUBLICATIONS
California Law Prohibits Workplace Discrimination and Harassment
Transgender Rights in the Workplace
Workplace Harassment Guide for California Employers
Your Rights and Obligations as a Pregnant Employee
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS
Notice of Non-Discrimination, August 2010
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PUBLICATIONS
EEOC Compliance Manual
Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors, June 1999
WEBSITES
California Department of Fair Employment and Housing: www.dfeh.ca.gov
U.S. Department of Education, Office for Civil Rights: www.ed.gov/about/offices/list/ocr
U.S. Equal Employment Opportunity Commission: www.eeoc.gov

Chino Valley Unified School District
Policy adopted: November 16, 1995
Revised: March 23, 2000
Revised: April 20, 2000
Revised: September 16, 2010
Revised: September 6, 2012
Revised: September 5, 2013
Revised: November 5, 2015
Revised: October 6, 2016
Revised: May 15, 2025