Nondiscrimination

The District commits to nondiscrimination consistent with Board Policy No. 3210, Nondiscrimination, and applicable state and federal laws.

This commitment extends to the workplace. The District prohibits discrimination in employment activities on the basis of sex; race; ethnicity; creed; religion; color; national origin; age; honorably discharged veteran or military status; sexual orientation; gender expression; gender identity; homelessness; immigration or citizenship status; the presence of any sensory, mental, or physical disability; neurodivergence; or the use of a trained dog guide or service animal by a person with a disability. Furthermore, the District will not discriminate in employment activities on the basis of a veteran’s dishonorable discharge that is based solely on sexual orientation, gender expression, gender identity, or other protected class status.

Equal Employment Opportunity

The District shall provide equal employment opportunity and treatment for all applicants and employees in recruitment, hiring, retention, assignment, transfer, promotion, and training. The District may look at bona fide occupational qualifications when making hiring decisions.

Contractors and vendors serving the District shall also comply with the nondiscrimination requirements of this policy and applicable laws.

Affirmative Action

As required by state law, the District will develop an affirmative action employment plan or program that is consistent with Collective Bargaining Agreements and includes appropriate provisions designed to eliminate discrimination based on protected status consistent with Board Policy No. 5000, Recruitment and Selection of Staff.

Employment of Persons with Disabilities

To fulfill the District’s commitment to nondiscrimination on the basis of disability, the following conditions shall prevail:

• No qualified person with a disability 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 employee in any way that adversely affects their 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.
• The District shall make reasonable accommodations to the known physical or mental limitations of an otherwise qualified disabled applicant or employee, unless it is clear that an accommodation would impose an undue hardship on the operation of the District program and is not required by law.

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 also will not discriminate against any person who has participated in the enforcement of these rights under state or federal law.

Compliance Officer and Procedures

The Superintendent shall designate one or more staff members responsible for affirmative action compliance and to serve as the nondiscrimination compliance officer. The Superintendent is authorized to develop procedures for the nondiscrimination complaint process, implementation of this policy, and as required by law.

Superintendent Procedure:

• 5010SP.A – Employee Discrimination Complaint Process
• 5010SP.B – Workplace Accommodations for Pregnancy and Pregnancy-Related Conditions

Policy Cross References:

• 0010 – Instructional Philosophy
• 0030 – Ensuring Educational and Racial Equity
• 2030 – Service Animals in Schools
• 3210 – Nondiscrimination
• 5000 – Recruitment and Selection of Staff
• 5011 – Sexual Harassment of District Staff Prohibited
• 5020 – Collective Bargaining
• 5245 – Anti-Retaliation
• 6972 – Nondiscrimination in Participation in Construction Projects

Previous Policies:

• F04.00 – Equal Opportunity for Employment

Legal References:

• RCW 28A.400.310 Law against discrimination applicable to districts—Employment practices
• RCW 28A.640.020 Regulations, guidelines to eliminate discrimination—Scope—Sexual harassment policies
• RCW 28A.642 Discrimination prohibition
• RCW 49.60 Discrimination—Human rights commission
• RCW 49.60.030 Freedom from discrimination—Declaration of civil rights
• RCW 49.60.180 Unfair practices of employers
• RCW 49.60.400 Discrimination, preferential treatment prohibited
• RCW 73.16 Employment and Reemployment
• WAC 392-190 Equal Education Opportunity—Unlawful Discrimination Prohibited
• WAC 392-190-0591 Public school employment and contract practices—Nondiscrimination
• WAC 392-190-0592 Public school employment—Affirmative action program
• 8 USC § 1324 (IRCA) Immigration Reform and Control Act of 1986
• 20 USC §§ 1681–1688 Title IX Educational Amendments of 1972
• 29 USC § 794 Vocational Rehabilitation Act of 1973
• 34 CFR § 104 Nondiscrimination on the basis of handicap in Programs or activities receiving federal financial assistance
• 38 USC § 4212 Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA)
• 38 USC §§ 4301-4333 Uniformed Services Employment and Reemployment Rights Act
• 42 USC §§ 2000e1–2000e10 Title VII of the Civil Rights Act of 1964
• 42 USC §§ 12101–12213 Americans with Disabilities Act

Management Resources:

• WSSDA Policy & Legal News, July 2025, June 2011, February 2011, August 2007, June 2001

Last Board Review:

• October 8, 2025

Revisions:

• October 8, 2025
• November 1, 2017

Adopted by the Board:

• April 4, 2012