The School shall not fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of any of the following protected characteristics:
42 U.S.C. 1981; 42 U.S.C. 2000e et seq. (Title VII); 20 U.S.C. 1681 et seq. (Title IX); 42 U.S.C. 12100 et seq. (Americans with Disabilities Act); 29 U.S.C. 621 et seq. (Age Discrimination in Employment Act); 29 U.S.C. 793, 794 (Rehabilitation Act); U.S. Const. Amend. I; Labor Code Chapter 21 (Texas Commission on Human Rights Act)
The School may take employment actions based on religion, sex, national origin, or age in those certain instances where religion, sex, national origin, or age is a bona fide occupational qualification.
42 U.S.C. 2000e-2(e); 29 U.S.C. 623(f)
The School shall not print or publish any notice or advertisement relating to School employment that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, or national origin, unless the characteristic is a bona fide occupational qualification.2 U.S.C. 2000e-3(b)
The School has an affirmative duty to maintain a working environment free of harassment on the basis of sex, race, color, religion, and national origin.42 U.S.C. 2000e et seq.; 29 CFR 1606.8(a), 1604.11 [See DIA]
The School may not discriminate against any employee or applicant for employment because the employee or applicant has opposed any unlawful, discriminatory employment practices or participated in the investigation of any complaint related to an unlawful, discriminatory employment practice.
29 U.S.C. 623(d) (ADEA); 42 U.S.C. 2000e-3(a) (Title VII); 34 CFR 100.7(e) (Title VI); 34 CFR 110.34 (Age Act); 42 U.S.C. 12203 (ADA)
The School shall post in conspicuous places upon its premises a notice setting forth the information the Equal Employment Opportunity Commission deems appropriate to effectuate the purposes of the anti-discrimination laws.
29 U.S.C. 627; 42 U.S.C. 2000e-10
The School shall take appropriate steps to notify applicants and employees, including those with impaired vision or hearing, that it does not discriminate on the basis of disability.
The notice shall state:
Methods of notification may include:
If the School publishes or uses recruitment materials containing general information that it makes available to applicants or employees, it shall include in those materials a statement of its nondiscrimination policy.
34 CFR 104.8
The School may take an employment action on the basis of age pursuant to a bona fide seniority system or a bona fide employee benefit plan. However, a bona fide employee benefit plan shall not excuse the failure to hire any individual and no such benefit plan shall require or permit the involuntary retirement of any individual because of age.
29 U.S.C. 623(f)
The prohibition against discrimination on the basis of sex includes discrimination on the basis of pregnancy, childbirth, or related medical conditions. The School shall treat women affected by pregnancy, childbirth, or related medical conditions the same for all employment-related purposes, including receipt of benefits under fringe benefit programs.
42 U.S.C. 2000e(k)
The School may not pay an employee at a rate less than the rate the employer pays employees of the opposite sex for equal work on jobs the performance of which require equal skill, effort, or responsibility and which are performed under similar working conditions. This rule does not apply if the payment is pursuant to a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on any other factor other than sex.
29 U.S.C. 206(d); 34 CFR 106.54
The prohibition against discrimination on the basis of religion includes all aspects of religious observances and practice, as well as religious belief, unless the School demonstrates that it is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship to the School's business. "Undue hardship" means more than a de minimus (minimal) cost.
42 U.S.C. 2000e(j); 29 CFR 1605.2
The School may not substantially burden an employee's free exercise of religion, unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest.
Civ. Prac. & Rem. Code 110.003
The School shall make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability, unless the School can demonstrate that the accommodation would impose an undue hardship on the operation of the School.
42 U.S.C. 12112(b); 29 CFR 1630.9; 29 U.S.C. 794; 34 CFR 104.11; Labor Code 21.051 [See DBB regarding medical examinations and inquiries under the Americans with Disabilities Act]
The School shall not exclude or deny equal jobs or benefits to, or otherwise discriminate against, a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a family, business, social, or other relationship or association.
42 U.S.C. 12112(b)(4); 29 CFR 1630.8; 34 CFR 104.11
"Disability" means a physical or mental impairment that substantially limits one or more of an individual's major life activities, a record of having such an impairment, or being regarded as having such an impairment. "Major life activities" are such functions as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
42 U.S.C. 12102(2); 29 CFR 1630.2(g)-(l); 28 CFR 35.104; 34 CFR 104.3(j), (l); Labor Code 21.002(6)
"Qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. Consideration shall be given to the School's judgment as to what functions of a job are essential. A written job description prepared before advertising or interviewing applicants for the job is evidence of the job's essential functions.
42 U.S.C. 12111(8); 29 CFR 1630.2(m), (n); 34 CFR 104.3(l); Labor Code 21.105
The term "qualified individual with a disability" does not include any employee or applicant who is currently engaging in the illegal use of drugs, when the School acts on the basis of such use.
The School is not prohibited from conducting drug testing of employees and applicants for the illegal use of drugs or making employment decisions based on the results of such tests.
42 U.S.C. 12114(c), (d) [See DHE]
The term "qualified individual with a disability" does not include an individual who is an alcoholic and whose current use of alcohol prevents the employee from performing the duties of his or her job or whose employment, by reason of such current alcohol abuse, would constitute a direct threat to property or the safety of others.
42 U.S.C. 12114(a); 29 CFR 1630.3(a); 28 CFR 35.104; 29 U.S.C. 705(20)(C)
"Undue hardship" means an action requiring significant difficulty or expense when considered in light of the nature and cost of the accommodation needed, overall financial resources of the affected facility and the School, and other factors set out in law.
42 U.S.C. 12111(10); 29 CFR 1630.2(p); 34 CFR 104.12(c)
As a qualification standard, the School may require that an individual not pose a direct threat to the health or safety of other individuals in the workplace. "Direct threat" means a significant risk to the health or safety of the individual or others that cannot be eliminated by reasonable accommodation.
42 U.S.C. 12111(3); 29 CFR 1630.2(q)
The School may refuse to assign or continue to assign an individual to a job involving food handling if the individual has an infectious or communicable disease that is transmitted to others through handling of food.
42 U.S.C. 12113(d); 29 U.S.C. 705(20)(D); 29 CFR 1630.16(e); Labor Code 21.002(6)(B)
The School shall not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment on the basis of membership in a uniformed service, performance in a uniformed service, application for uniformed service, or obligation to a uniformed service. The School shall not take adverse employment action or discriminate against any person who takes action to enforce protections afforded by the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA).
38 U.S.C. 4311 [See also DEC]
The School shall adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act.
34 CFR 104.7(b), 104.11
The School shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by the Americans with Disabilities Act.
28 CFR 35.107, 35.140
The School shall adopt and publish grievance procedures providing for prompt and equitable resolution of employee complaints alleging any action prohibited by Title IX.
34 CFR 106.8(b); North Haven Board of Education v. Bell, 456 U.S. 512 (1982) [See DGBA]
The School shall designate at least one employee to coordinate its efforts to comply with Title IX, Section 504, the Age Act, and the ADA. The School shall notify all employees of the name, office address, and telephone number of the employee(s) so designated. 34 CFR 104.7(b), 104.11; 28 CFR 35.107, 35.140; 34 CFR 106.8(b)
The School designates the following persons to coordinate all its efforts to comply with the Americans with Disabilities Act:
NAME: Philip Hatlen, Superintendent
OFFICE ADDRESS: 1100 W. 45th Street
OFFICE TELEPHONE: (512)206-9233
ASSISTANT COORDINATOR FOR FACILITIES: James Lambert, Director of Operations,
(512)206-9126
ASSISTANT COORDINATOR FOR HUMAN RESOURCES MATTERS: Debra Nesbitt, Director of Human Resources, (512)206-9132
The School designates the following person to coordinate its efforts to comply with Title IX of the Education Amendments of 1972, as amended as they relate to employment issues:
NAME: Debra Nesbitt, Director of Human Resources
OFFICE ADDRESS: 1100 W. 45th Street
OFFICE TELEPHONE: (512)206-9132
The School designates the following person to coordinate its efforts to comply with non-student related provisions of Section 504 of the Vocational Rehabilitation Act of 1973:
NAME: Philip Hatlen, Superintendent
OFFICE ADDRESS: 1100 W. 45th Street
OFFICE TELEPHONE: (512)206-9233
Adopted: 2/9/79
Amended: 1/11/80, 6/14/80, 11/13/81, 1/14/83, 10/25/85, 1/23/87, 1/14/88, 9/15/88, 1/29/93, 11/19/93, 3/25/94, 11/17/95, 11/14/97, 1/28/00, 5/31/01, 3/26/02, 11/18/05
Reviewed: