DIA(LOCAL) - EMPLOYEE WELFARE: FREEDOM FROM DISCRIMINATION, HARASSMENT, 0RETALIATIONAND%2

Note: This policy addresses discrimination, harassment, and retaliation against District employees. For Title IX and other provisions regarding discrimination, harassment, and retaliation against students, see FFH. For reporting requirements related to child abuse and neglect, see FFG.

The District prohibits discrimination, including harassment, against any employee on the basis of race, color, religion, sex, gender, national origin, age, disability, sexual orientation, gender identity, gender expression, genetic information, or any other basis prohibited by law.

Employee

For the purposes of this policy, employee includes former employees, applicants for employment, and interns.

Discrimination

Discrimination against an employee is defined as conduct directed at an employee on the basis of race, color, religion, sex, gender, national origin, age, disability, sexual orientation, gender identity, gender stereotypes, gender expression, genetic information, or any other basis prohibited by law, that adversely affects the employee's employment.

Misconduct

For the purposes of this policy, misconduct includes discrimination, harassment, sexual harassment, and retaliation, even if the behavior does not rise to the level of unlawful conduct.

Harassment

Harassment of an employee is defined as physical, verbal, or nonverbal conduct based on an employee's race, color, religion, sex, gender, national origin, age, disability, sexual orientation, gender identity, gender expression, genetic information, or any other basis prohibited by law, when the conduct is so severe, persistent, or pervasive that the conduct:

  1. Has the purpose or effect of unreasonably interfering with the employee's work performance;
  2. Creates an intimidating, threatening, hostile, or offensive work environment; or
  3. Otherwise adversely affects the employee's performance, environment, or employment opportunities.

[See DH(LOCAL) and DIA(REGULATION)]

Harassment on the basis of sex consistent with the definition of sexual harassment under Title IX [See FFH(LEGAL)] will be addressed through the District's Title IX process. (See FFH).

Sexual Harassment

Sexual harassment is a form of sex discrimination defined as unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when:

  1. Submission to the conduct is either explicitly or implicitly a condition of an employee's employment;
  2. Submission to or rejection of the conduct is the basis for an employment action affecting the employee; or
  3. The conduct is so severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with the employee's work performance or creates an intimidating, threatening, hostile, or offensive work environment.

Sexual harassment may include the above conduct between persons of the same gender.

[See DH(LOCAL) and DIA(REGULATION)]

Retaliation

The District prohibits retaliation against an employee who makes a claim alleging to have experienced discrimination or harassment, or another employee who, in good faith, makes a report of harassment or discrimination, serves as a witness, or otherwise participates in an investigation. [See DH(LOCAL) and DIA(REGULATION)]

Retaliation against anyone involved in the complaint process is a violation of District policy and is prohibited.

An employee who intentionally makes a false claim, offers false statements, or refuses to cooperate with a District investigation regarding harassment or discrimination is subject to disciplinary action.

Reporting Procedures

The Superintendent of Schools shall serve as coordinator for purposes of District compliance with all antidiscrimination laws and has designated representatives for receiving discrimination reports. Reports of discrimination or harassment shall be directed to the designated District representative. [See DIA(REGULATION)]

District Representatives

Detailed information concerning representation and contact information is listed in DIA(REGULATION).

Professional Development

The District shall provide training to promote awareness of this policy.

Adoption or Last Amendment Date

This policy was last amended on January 28, 2021.

Dallas ISD

DIA(LOCAL)-X

LDU 2021.05

DATE ISSUED: 2/3/2021