Equal Employment Opportunity

It is the policy of this District to provide, through a positive and effective program, equal opportunities for employment, retention and advancement of all people regardless of race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, age, marital status, military status, veteran status, disability, predisposing genetic characteristics, use of a recognized guide dog, hearing dog or service dog, or domestic violence victim status.
Sexual orientation is defined as heterosexuality, homosexuality, bisexuality or asexuality, whether actual or perceived.
The term “military status” means a person’s participation in the military service of the United States or the military service of the state, including but not limited to, the armed forces of the United States, the army national guard, the air national guard, the New York naval militia, the New York guard, and such additional forces as may be created by the federal or state government as authorized by law.
Provisions will be provided for the publication and dissemination, internally and externally of this policy to ensure its availability to interested citizens and groups.
Additionally, administration shall establish grievance procedures that provide for the prompt and equitable resolution of complaints alleging discrimination. Those intending to file a grievance due to alleged discrimination must follow the grievance procedure as established by the District.

Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)

The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participated in the investigation of a complaint of discrimination. Follow-up inquiries shall be made to ensure that discrimination has not resumed and that all those involved in the investigation of the discrimination complaint have not suffered retaliation.

Civil Penalties in Employment Discrimination Matters

New York State Human Rights Law imposes civil fines and penalties, payable to the State, of up to $50,000 for unlawful acts of employment discrimination, and up to $100,000 for willful, wanton, or malicious discrimination. In accordance with law, these penalties may be assessed in all cases of employment discrimination (e.g., whether such a claim is pursued in a more formal court action or through an administrative proceeding before the New York State Division of Human Rights). Under the legislation, an employer with fewer than fifty (50) employees may be allowed to pay the civil fines and penalties in installments.
The new civil fines do not replace or limit other relief under New York State Human Rights Law that may be awarded to a prevailing complainant in an administrative proceeding which includes, but is not limited to, affirmative relief from the employer (e.g., an order that the individual be hired, promoted or reinstated by the employer), backpay and other compensatory damages (e.g., emotional distress damages). The New York State Division of Human Rights cannot award punitive damages or attorney’s fees to a prevailing complainant in an administrative proceeding. However, a New York State Court may award a prevailing plaintiff in a court action various relief, including, but not limited to, punitive damages and attorney’s fees. (An administrative proceeding before the New York State Division of Human Rights and an action commenced in a New York State Court represent two (2) different ways to seek redress for acts of alleged employment discrimination.)

Board of Education Policy Number 6120