Policy - Portland Public Schools

AC - Nondiscrimination-Equal Opportunity and Affirmative Action

Book A

Section: Foundations and Basic Commitments

Title: Nondiscrimination-Equal Opportunity and Affirmative Action

Code: AC

Status: Active

Adopted: November 6, 2002

Last Revised: October 29, 2019

Last Reviewed: October 29, 2019

Prior Revised Dates: 5/14/2013; 5/15/2018

NONDISCRIMINATION/EQUAL OPPORTUNITY AND

AFFIRMATIVE ACTION

Discrimination against and harassment of school employees because of race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, disability or genetic information are prohibited. Discrimination against and harassment of students because of race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, or disability are prohibited. The term “sexual orientation” under state law means a person’s “actual or perceived heterosexuality, bisexuality, homosexuality or gender identity, appearance, mannerisms or other gender-related characteristics of an individual, regardless of the individual’s assigned sex at birth.

The Portland Board of Public Education (Board) directs the school administration to implement a continuing program designed to prevent discrimination against all applicants, employees, students and other individuals having access rights to school premises and activities. The Portland Public Schools Affirmative Action Plan will include designation of an Affirmative Action Officer who will be responsible for ensuring compliance with all federal, state, City and Board policy requirements relating to nondiscrimination. The Affirmative Action Officer will be a person with direct access to the Superintendent.

The Board directs the administration to implement internal complaint procedures for resolving complaints of discrimination under this policy and to provide adequate notice of the availability of such complaint procedures.

The Board directs the administration to provide notice of compliance with federal and state civil rights laws to all applicants for employment, employees, students, parents, and other interested persons, as appropriate.

The School Department will require all persons, agencies, vendors, contractors, and other persons and organizations doing business with or performing services for the school unit to subscribe to all applicable federal and state laws pertaining to contract compliance.

Legal

Maine Human Rights Act of 1972 (5 MRSA § 4551), as amended

Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. § 2000ff et seq.)

Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), as amended

Rehabilitation Act of 1973 (Section 504) (29 U.S.C. § 794 et seq.), as amended

Equal Pay Act of 1963 (29 U.S.C. § 206)

Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.)

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d)

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.)

amending Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000 (e) et seq.)

Equal Employment Opportunity Act of 1972 (P.L. 92-261)

Cross References