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The Non-discrimination policy states:

The Board of Education does not discriminate on the basis of race, color, religion, national origin, sex, disability, age, height, weight, marital status, or any other legally protected characteristic, in its programs and activities, including employment opportunities.

The following person(s) have been designated to handle inquiries regarding the non-discrimination policies of the District or to address any complaint of discrimination:

R. Michael Hubert, Deputy Superintendent

1425 W. Grand River Avenue

Howell, Michigan 48843

517-540-6810

Notice of the Board's policy on nondiscrimination in employment practices shall be posted throughout the Agency, published in any Agency statement regarding the availability of employment, and in any staff handbooks.

When referred to in policy and in these and other administrative guidelines, "person with a disability" shall mean any staff member or candidate for employment who meets any of the following criteria established by Federal law:

  A. has a physical or mental characteristic which substantially limits one (1) or more major life activities

  B. has a record of such impairment

  C. is regarded as having such an impairment

Significant exclusions are employees or an applicant currently engaged in illegal drug use or whose use of alcohol prevents the person from performing job responsibilities or poses a direct threat to the safety and property of others.

In order to be a qualified individual with a disability, an individual must be able to perform the essential functions of the position. The following is a non-exclusive list of reasons that a job function may be considered essential:

  A. the reason the position exists is to perform that function

  B. a limited number of employees are available among whom the performance of the job function can be distributed

  C. the function is highly specialized so that an individual is hired for his/her expertise in performing that function

The following may be considered as evidence in determining whether a particular function is essential:

  A. the employer's judgment as to which functions are essential

  B. written job descriptions prepared before advertising or interviewing applicants for the job

  C. the amount of time spent on the job performing the function

  D. the consequences of not requiring the incumbent to perform the function

  E. the work experience of past incumbents in the job

  F. the current work experience of incumbents in similar jobs

Recruiting and Hiring

No candidate for employment shall be required to answer a question regarding a disabling condition and no such candidate will be discriminated against on the basis of a disabling condition unless it is directly related to the essential function of the position for which s/he has applied and cannot be reasonably accommodated. However, this stipulation does not constrain the need to ensure that an applicant is not afflicted with a currently-communicable disease or infection which would constitute a direct threat to staff and students nor to determining if an applicant is an abuser of substances.

All employee medical records are to be filed separately from personnel records and be treated as confidential records.

Reasonable Accommodation

It is essential that no discrimination occur in employment, promotion, assignment, or transfer because of a disabling condition. If the person has all of the qualifications required to properly fulfill the job responsibilities, then reasonable efforts must be made to modify existing facilities, the work environment, or working conditions to accommodate a particular disabling condition, providing such accommodation does not seriously diminish the quality of programs or services provided by the Agency.

With both ADA and Section 504, the Agency must show that the accommodation would impose undue hardship on its operation. The factors to be considered in determining whether an accommodation imposes undue hardship include the type of operation and the nature and cost of the accommodation needed.

Undue hardship is not limited to financial difficulty. It refers to any accommodation that would be unduly costly, extensive, substantial, disruptive, or that would fundamentally alter the nature of the Agency.

The EEOC provided a nonexclusive list of defenses to allegations of discrimination pursuant to the ADA in the proposed regulations thereto. This list includes the following:

  A. Charges of disparate treatment: The challenged treatment is justified by a legitimate, nondiscriminatory reason.

  B. Charges of discriminatory application of selection criteria: The selection criteria have been shown to be job-related and consistent with business necessity and performance of the job cannot be accomplished with reasonable accommodation.

  C. Charges of not making reasonable accommodations: The requested or needed accommodation would impose undue hardship on the operation of the business.

  D. Conflict with other Federal law: The challenged action is required by another Federal law.

  E. Specific activities permitted: The alleged discriminatory activity may be specifically permitted. Examples of this defense include:

    1. religious entities - may require that all applicants and employees conform to its religious tenets;

    2. regulation of alcohol and drugs;

    3. drug testing;

    4. regulation of smoking;

    5. infectious and communicable diseases: food handling jobs.

Job Descriptions

Each job description should be carefully analyzed to ensure that all essential physical, mental, and intellectual qualifications have been defined and justified.
 

2260B – GRIEVANCE PROCEDURES FOR NONDISCRIMINATION

 

Section 1

 

Any person who believes that s/he has been discriminated against or denied equal opportunity or access to programs or services may file a complaint, which shall be referred to as a grievance, with the District’s Civil Rights Coordinator:

 

                        R. Michael Hubert, Deputy Superintendent

                        1425 W. Grand River

                        Howell, Michigan 48843

                        517-540-6810

 

The individual may also, at any time, contact the U.S. Department of Education, Office of Civil Rights, 600 Superior Avenue, Room 750, Cleveland, Ohio 44114-2611.

 

Section II

 

The person who believes s/he has a valid basis for grievance shall discuss the grievance informally and on a verbal basis with the District’s Civil Rights Coordinator, who shall in turn investigate the complaint and reply with an answer to the complainant.  S/He may initiate formal procedures according to the following steps:

 

                        Step 1

A written statement of the grievance signed by the complainant shall be submitted to the District’s Civil Rights Coordinator within five (5) business days of receipt of answers to the informal complaint.  The Coordinator shall further investigate the matters of grievance and reply in writing to the complainant within five (5) business days.

 

                        Step 2

If the complainant wishes to appeal the decision of the District’s Civil Rights Coordinator, s/he may submit a signed statement of appeal to the Board of Education within five (5) business days of his/her receipt of the Superintendent’s response.  In an attempt to resolve the grievance, the Board of Education shall meet with the concerned parties and their representative within twenty (20) business days of the receipt of such an appeal.  A copy of the Board’s disposition of the appeal shall be sent to each concerned party within ten (10) business days of this meeting.

                       

Inquiries concerning the nondiscriminatory policy may be directed to Director, Office for Civil Rights, Department of Education, Washington, D.C. 20201.

 

The District’s Coordinator will provide a copy of the District’s grievance procedure to any person who files a complaint and will investigate all complaints in accordance with this procedure.

 

A copy of each of the Acts and the regulations, on which this notice is based, may be found in the Civil Rights Coordinator’s office.

 

Last Modified on July 16, 2008