GBA - Equal Employment Opportunity
Code: GBA
Adopted: 1/11/11
Readopted: 9/25/17, 3/13/23
Orig. Code(s): GBA
Equal employment opportunity and treatment shall be provided in hiring, retention, transfer, promotion and training of all employees regardless of actual or perceived race[1], color, religion, sex, sexual orientation, gender identity, gender expression, national origin, marital status, pregnancy, childbirth or a related medical condition, age, veteran’s status[2], service in uniformed service, familial status, genetic information, an individual’s juvenile record that has been expunged, and disability if the employee, with or without accommodations, is able to perform the essential functions of the position and disability[3], or other categories protected by law.
Positive action will be taken to ensure equal employment opportunities based on an individual’s qualifications for and/or performance of specific duties in relation to organizational needs.
Continuous effort will be devoted to the improvement of human relationships to prevent discriminatory practices in the district. The district will make special efforts to inform all staff members of available training opportunities and assist them in securing advanced training.
This policy is an integral part of the human relations effort for the Beaverton schools.
The superintendent or designee will appoint an employee to serve as the officer in charge of compliance with the Americans with Disabilities Act and the Americans with Disabilities Act Amendments Act (ADA), Section 504 of the Rehabilitation Act. The superintendent will also designate a Title IX coordinator to comply with the requirements of Title IX of the Education Amendments. The Title IX coordinator will investigate complaints communicated to the district alleging noncompliance with Title IX.
The superintendent will develop other specific recruiting, interviewing and evaluation procedures as are necessary to implement this policy.
END OF POLICY
Legal Reference(s):
ORS 174.10
ORS 243.317-243.323
ORS 326.051
ORS 332.505
ORS 342.934
ORS 408.225
ORS 408.230
ORS 408.235
ORS 652.210—652.220
ORS 659.850
ORS 659A.003
ORS 659A.006
ORS 659A.009
ORS 659A.029
ORS 659A.030
ORS 659A.040
ORS 659A.082
ORS 659A.109
ORS 659A.112
ORS 659A.047
ORS 659A.233
ORS 659A.236
ORS 659A.309
ORS 659A.321
ORS 659A.409
ORS 659A.820
OAR 581-021-0045
OAR 581-022-2405
OAR 839-003-0000
OAR 839-006-0435
OAR 839-006-0440
OAR 839-006-0450
OAR 839-006-0455
OAR 839-006-0460
OAR 839-006-0465
Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d.
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et. seq.
Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634 (2018); 29 C.F.R Part 1626 (2019).
Age Discrimination Act of 1975, 42 U.S.C. §§ 6101-6107.
Equal Pay Act of 1963, 29 U.S.C. § 206(d) (2018).
Rehabilitation Act of 1973, 29 U.S.C. §§ 503, 791, 793-794.
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1683 (2018); Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 34 C.F.R. Part 106.
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213; 29 C.F.R. Part 1630 (2019); 28 C.F.R. Part 35 (2019).
Wygant v. Jackson Bd. of Educ., 476 U.S. 267 (1989).
Americans with Disabilities Act Amendments Act of 2008, 42 U.S.C § 2000 ff-1 (2018).
The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. § 4212 (2012).
Genetic Information Nondiscrimination Act of 2008, 42 U.S.C § 2000 ff-1 (2018).
Chevron USA Inc. v. Echazabal. 536 U.S 736 (2002).
Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C §§ 4301-4303 (2018).
Cross Reference(s):
AC - Nondiscrimination
ACA - Americans with Disabilities Act
[1] Race also includes physical characteristics that are historically associated with race, including, but not limited to natural hair, hair texture, hair type and protective hairstyles as defined by ORS 659A.001 (as amended by House Bill 2935 (2021)).
[2] The district grants a preference in hiring and promotion to veterans and disabled veterans. A veteran is eligible to use the preference any time when applying for a position any time after discharge or release from service in the Armed Forces of the United States.
[3] This unlawful employment practice related to disability as described in ORS 659A.112 applies to employers who employ six or more persons (ORS 659A.106).