Rules of the School Board of Palm Beach County, Florida
Title 6Gx50
Chapter 3. Personnel

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Policy 3.05Equal Employment Opportunity Policy

  1. Purpose. The School Board recognizes that eliminating all forms of unlawful discrimination, harassment and retaliation in the workplace will create a better work and learning environment for employees and students. Thus, the purpose of this policy is to:

    1. Reaffirm the School Board's commitment to equal employment opportunities for all persons in conformity with applicable law and related board policies, including in particular, the policy on nondiscrimination.

    2. Assure the recruitment, employment, training, promotion and retention of qualified staff without discrimination, while making efforts to provide diversity based on race, ethnicity and gender.

    3. Establish procedures for the reporting, the investigation, and the resolution of equal employment complaints in the School District.

  2. Scope. This policy is applicable to all applicants and employees of the School District.

  3. Policy. It is the policy of the School Board of Palm Beach County to prohibit discrimination on the basis of religion, race, ethnicity, national origin, color, sex, marital status, age, parental status, disability, sexual orientation or gender identity or expression or any other characteristic protected by federal and state law in all employment practices of the district. Such employment practices include, but are not limited to, the recruitment, hiring, compensation, assignment, training, promotion, transfers, retention, demotion, discipline or dismissal of employees. As used in this policy, discrimination means treating an individual adversely in employment decisions based on religion, race, ethnicity, national origin, color, sex, marital status, age, parental status, disability, sexual orientation or gender identity or expression or any other characteristic protected by federal and state law.

    1. The board is committed to the principle of fostering diversity in order to enrich the educational experiences of all students through exposure to adults from many backgrounds, thereby providing educational settings that promote an understanding of diversity and contribute to the quality exchange of ideas inherent in the educational setting.

    2. The board is also committed to re-mediating any significant under-representation on the basis of a particular race, ethnicity, national origin or sex, within appropriate district job categories, if it exists and where there have been past employment practices that adversely affected current opportunities of individuals based on race, ethnicity, national origin or sex.

  4. Annual Notification to the Board.

    1. Content of Report. To assist the board in monitoring implementation of this policy, the superintendent/designee shall maintain records by sex, race and ethnicity of employees. Annually, the superintendent/designee shall provide diversity data based on the composition of the workforce in accordance with EEOC guidelines.

    2. Maintenance of Records. States are required to report aggregated data to the U. S. Department of Education based on the following categories: Hispanic/Latino of any race, American Indian or Alaskan Native, Asian, Black or African-American, native Hawaiian or other Pacific Islanders, White, and two or more races. The Superintendent/designee shall maintain District records consistent with the requirements of the U. S. Department of Education.

  5. Disparity Study. Upon receipt of the above data in section 4 herein, the board may authorize an outside consultant to conduct a disparity study to determine if there is any statistically significant under- representation in specific job categories on the basis of race, ethnicity, national origin or sex that may suggest that employment practices adversely affect the current employment opportunities of these individuals and, further, to identify any job opportunity barriers that may exist. Based on this study, the superintendent may develop strategies necessary for improving district diversity.

  6. Complaints of Discrimination.

    1. Supervisors and managers are responsible for assuring that no employee is subjected to conduct that constitutes discrimination as defined in Section 3 herein.

    2. Any employee, who believes that he/she has been the subject of discrimination as defined in Section 3 herein by anyone at the district or by anyone who does business with the district, should, and is encouraged to, bring the matter to the attention of his/her supervisor except when the supervisor is the offending party or to the Equal Employment Opportunity Coordinator.

    3. Any employee who is aware of behavior toward another employee which they feel may constitute discrimination as defined in Section 3 herein shall also report the matter to their supervisor or the to the Equal Employment Opportunity Coordinator.

    4. If warranted, a prompt and thorough investigation of the alleged discrimination will be conducted and appropriate corrective action will be taken. Complaints of discrimination will be treated as confidential throughout the investigation. Once the investigation is completed, confidentiality shall be determined by the applicable state and federal laws.

    5. Any individual found to have engaged in discrimination as defined in Section 3 herein will be disciplined up to and including termination.

    6. Retaliation against an employee, potential employee, or former employee who, in good faith, makes a complaint or report of discrimination as defined in Section 3 herein or participates in the investigation of such a complaint or report is strictly prohibited. Incidents of retaliation shall be reported in the manner discussed above. Acts of retaliation shall subject an employee to discipline up to and including dismissal.

    7. All employees must file the complaint pursuant to Section 6 of this policy. The exception is the superintendent, internal auditor or chief counsel to the school board, who must file the complaint with the board chair.

  7. Limitations. Nothing in this policy is intended nor shall be construed to create a private right of action against the Board or any of its employees. The provisions herein do not affect the right of any person to file a charge of discrimination with any agency having jurisdiction over such claims.

STATUTORY AUTHORITY:Fla. Stat. 1001.41; 1001.42
LAWS IMPLEMENTED:29 U.S.C. 621, et. seq. (Age Discrimination in Employment Act of 1967, as amended).; 42 U.S.C. 12101, et. seq. (Americans with Disabilities Act Amendments Act of 2008); Title VII, 42 U.S.C. 2000e, et. seq. (Title VII of the Civil Rights Act); 29 U.S.C. 201, et. seq. ( Fair Labor Standards Act) 760.02, et. seq.
HISTORY:3/3/76; 8/17/77; 6/16/82; 1/8/86; 9/22/99; 02/25/02; 7/7/2010