504P - Equal Employment Opportunity/Non-Discrimination

    1. Policy Statement

      The School Board is an equal opportunity employer committed to non-discrimination in recruiting, selecting, hiring, compensating, promoting, and retaining employees. Further, discrimination based on race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender, gender identity, age, political affiliation, disabilities, genetic information, military status, marital status, pregnancy, childbirth or related medical conditions, or any other characteristic protected by law in its educational programs and employment is prohibited. All personnel decisions are based on merit and the ability to perform the essential functions of the job, with or without a reasonable accommodation.

      The statement “The Frederick County School Board is an equal opportunity employer,” is placed on all employment application forms.

    2. Notice of Policy/Prevention

      This policy is (1) posted in prominent areas of each school division building, (2) included in employee handbooks, and (3) provided to any employee or candidate for employment upon request. Training to prevent prohibited discrimination is included in employee in-service training.

    3. Complaint Procedure

      Individuals who believe they have not received equal employment opportunities should report the alleged discrimination to one of the compliance officers designated in this policy. Any employee who has knowledge of conduct which may constitute prohibited discrimination shall report such conduct to one of the compliance officers designated in this policy. The complaint, identity of the complainant, and the identity of the person or persons allegedly responsible for the discrimination, will be disclosed only to the extent necessary to fully investigate the complaint and only when such disclosure is required or permitted by law. A complainant who wishes to remain anonymous will be advised that anonymity may limit the school division’s ability to fully respond to the complaint.

    4. Investigation

      Upon receipt of a report of alleged discrimination, the compliance officer shall immediately authorize or undertake an investigation. This policy adopts the procedures set forth in Policy 506, Personnel–Prohibition Against Harassment and Retaliation, Section IV Procedure for Complaints Referred to Compliance Officer, for the investigation, decision-making, and appeal processes to be used in response to a report of alleged discrimination under this policy.

    5. Compliance Officer

      The School Board has named the Assistant Superintendent for Administration as the Compliance Officer responsible for identifying, investigating, preventing, and remedying prohibited discrimination. Complaints of discrimination may also be made to the Executive Director of Human Resources who is designated as the Alternate Compliance Officer. The Compliance Officer or Alternate Compliance Officer shall:

      • receive reports or complaints of discrimination;

      • oversee the investigation of any alleged discrimination;

      • assess the training needs of the school division in connection with this policy;

      • arrange necessary training to achieve compliance with this policy;

      • ensure that any discrimination investigation is conducted by an impartial investigator who is trained in the requirements of equal employment opportunity, including the authority to protect the alleged victim and others during the investigation.

    6. Retaliation

      Retaliation against employees who report discrimination or participate in the related proceedings is prohibited. The school division shall take appropriate action against any employee who retaliates against another employee or candidate for employment who reports alleged discrimination or participates in related proceedings.

    7. Alternate Complaint Procedure

      Nothing in this policy shall deny the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited discrimination including initiating civil action, filing a complaint with outside agencies, or seeking redress under state or federal law.

    8. False Charges

      Employees who make false charges of discrimination shall be subject to disciplinary action.

     

    Legal Reference(s):
    20 U.S.C. Section(s) 1681 et seq

    29 U.S.C. Section(s) 701

    42 U.S.C. Section(s) 6101 et seq., 2000e-2 et seq., and 12101 et seq.

    Code of Virginia, 1950, as amended, §§ 2.2-3900, 2.2-3901, 2.2-3902, 2.2-3905.1, 22.1-23.3, 22.1 295.2, 22.1-306

    Bostock v. Clayton County. Ga., 140 S.Ct. 1731 (2020)

     

    Adopted: February 6, 1990
    Amended: September 21, 1998
    Amended: June 19, 2007
    Amended: August 18, 2020
    Amended: March 16, 2021
    Amended: June 15, 2021