KEARNY BOARD OF EDUCATION      File Code:       4111.1           

Kearny , New Jersey    07032

Policy  

                          NONDISCRIMINATION/AFFIRMATIVE ACTION  

The Kearny Board of Education guarantees to all persons equal access to all categories of employment, retention and advancement in this district, regardless of race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, familial status, liability for service in the Armed Forces of the United States, atypical hereditary cellular or blood trait of any individual or nonapplicable disability.  

An affirmative action/equity program shall be a part of every aspect of employment not limited to but including upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation including fringe benefits; employment selection or selection for training and apprenticeships; promotion; or tenure.  

The board-designated affirmative action officer shall identify and recommend correction of any existing inequities, and any that occur in the future.  

Harassment and Favoritism  

The Kearny Board of Education is an affirmative action employer and holds all its employees responsible for maintaining a working environment that is free from all discriminatory practices.  Harassment or favoritism on any basis included in the board’s statement of equal access to employment, retention and advancement is prohibited.   

Administrators and supervisors shall be familiarized with the actions which constitute harassment and favoritism.  This material shall be included in the legally mandated affirmative action inservice training for all employees, and shall be clear and specific (see Policy #2224).  When harassment has been determined to have taken place, disciplinary action will follow.  All such determination shall be reported to the board.  

Sexual Harassment  

The Kearny Board of Education shall maintain a working environment that is free from harassment.   

Administrators and supervisors will make it clear to all staff that sexual harassment is prohibited.  No supervisory employee shall threaten or insinuate, either directly or indirectly, that an employee’s refusal to submit to sexual advances will adversely affect the employee’s continued employment, evaluation, compensation, assignment or advancement.  No supervisory employee shall promise or suggest, either directly or indirectly, that an employee’s submission to sexual advances will result in any improvement in any term or condition of employment of an employee.  Sexually harassing conduct committed by nonsupervisory personnel is also prohibited.

Board Policy - Nondiscrimination/Affirmative Action          File Code:   4111.1           Page 2  

Staff may file a formal grievance related to sexual harassment.  They will receive all complaints and carry out a prompt and thorough investigation and will protect the rights of both the person making the complaint and the alleged harasser.   

Findings of discrimination in the form of sexual harassment will result in appropriate disciplinary action.  

“Whistleblower” Protection  

The Kearny Board of Education prohibits discrimination or retaliation against any school employee who does any of the following:  

   a.   Discloses or threatens to disclose to a supervisor or to a public body an activity,

         policy or practice of the board that the employee reasonably believes is in violation

         of a law, or a rule or regulation established pursuant to law;

   b.   Provides information to, or testifies before, any public body conducting an

         investigation, hearing or inquiry into any violation of law, or a rule or regulation

         established pursuant to law by the board; or

   c.   Objects to, or refuses to participate in any activity, policy or practice which the

         employee reasonably believes is in violation of law, rule or regulation; is fraudulent

         or criminal; or is incompatible with public health, safety or welfare.  

The Kearny Board of Education shall ensure that notices are posted conspicuously in each school, informing employees that they are protected under the “Conscientious Employee Protection Act.”  

Report on Implementation  

The chief school administrator shall devise regulations, including grievance forms and procedures to implement the district’s affirmative action policies.  He/she shall be responsible for informing staff annually of the identity and location of the affirmative action officer and the implementing procedures.  

Amended:    June 19, 2000

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