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Unlawful Discrimination

"No person in the State of California shall, on the basis of ethnic group identification, national origin, religion, age, sex or gender, race, color, ancestry, sexual orientation, or physical or mental disability, or on the basis of these perceived characteristics or based on association with a person or group with one or more of these actual or perceived characteristics, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under any program or activity that is administered by, funded directly by, or that receives any financial assistance from, the Chancellor or Board of Governors of the California Community Colleges." (Title 5, California Code of Regulations, section 59300.)

"Each community college district has primary responsibility to insure that its programs and activities are available to all persons without regard to ethnic group identification, national origin, religion, age, race, sex or gender, color, sexual orientation, ancestry, or physical or mental disability, or to their association with a person or group with one or more of these actual or perceived characteristics. Therefore, each community college district shall investigate complaints of unlawful discrimination in its programs or activities, and seek to resolve those complaints in accordance with the provisions of [sections 59300 et seq.]." (Title 5, California Code of Regulations, section 59320.)

WHAT IS UNLAWFUL DISCRIMINATION?

DISCRIMINATION is the unequal treatment of persons, for a reason which has nothing to do with legal rights or ability.

HARASSMENT is unwelcome conduct that is based on a protected class such as race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

Harassment is unlawful where:

  • enduring the offensive conduct becomes a condition of continued employment, OR
  • the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

In addition to El Camino Board Policies, federal & state laws protect against  harassment & discrimination based on a protected class.  

PROTECTED CLASSES include:

  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability
  • Age (40 and older)
  • Citizenship status
  • Genetic information
  • Veteran status
  • Familial status (having children)
  • Marital status
  • Sexual orientation and identity
  • Medical condition (including AIDS/HIV status)
  • Political activities or affiliations
  • Status as a victim of domestic violence, assault, or stalking

RETALIATION

It is illegal to fire, demote, harass, or otherwise “retaliate” against people (applicants or employees) because they:

  • filed a charge of discrimination;
  • complained to their employer about discrimination on the job; or
  • participated in an employment discrimination proceeding (such as an investigation or lawsuit)

SEXUAL HARASSMENT is a type of unlawful discrimination.  It is unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature.

Examples of unlawful harassment may include offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.

Examples of sexual harassment may include sexual propositions or pressuring students for sexual favors, touching of a sexual nature or sexual assault, displaying or distributing pornographic material, or telling offensive dirty jokes.

Examples of unlawful discrimination may include the use of racial epithets, pictures or graphics that are derogatory to an ethnic or religious group, the physical harassment of a student based on his/her sexual orientation, or refusing to provide appropriate academic adjustments to auxiliary aids/services that are necessary to afford a student with a disability an equal opportunity to participate in the school's program.

How to Report or Make a Complaint of Unlawful Discrimination

Incident Report and Referral Form

Informal Complaint Process

Formal Complaint Process

Confidentiality

Retaliation

Important Considerations

Unlawful Discrimination Resources

 

Subject to Change Disclaimer

The information (including Office procedures and links) on this page is subject to change without prior notice to keep the District in compliance with Board Policies and/or State and Federal laws. 

Last Published 12/21/16