504R - Workplace Diversity/Non-Discrimination

  1. Employment Practices 

    Decisions regarding recruiting, selecting, hiring, compensating, promoting, and retaining employees will be based on qualifications and will not discriminate based on race, color, religion, national origin, sex, sexual orientation, gender, gender identity, age, political affiliation, disabilities, veteran status, marital status, pregnancy, childbirth or related medical conditions, or any other characteristic protected by law.

  2. Complaint Procedure 

    Individuals who believe they have not received equal employment opportunities should report the alleged discrimination to one of the compliance officers designated in this regulation. Any employee who has knowledge of conduct which may constitute prohibited discrimination shall report such conduct to one of the compliance officers designated in this regulation. 

    The complaint, identity of the complainant, and the identity of the person or persons allegedly responsible for the discrimination, will be disclosed only to the extent necessary to fully investigate the complaint and only when such disclosure is required or permitted by law. A complainant who wishes to remain anonymous will be advised that anonymity may limit the school division’s ability to fully respond to the complaint. 

  3. Investigation 

    Upon receipt of a report of alleged discrimination, the compliance officer shall immediately authorize or undertake an investigation. The investigation may be conducted by school personnel or a third party designated by the school division. The investigation shall be completed as soon as practicable 

    Whether a particular action or incident constitutes a violation of this regulation requires a case by case determination based on all of the facts and circumstances revealed after a complete and thorough investigation. 

    All employees shall cooperate with any investigation of alleged discrimination conducted under this regulation or by an appropriate state or federal agency. 

  4. Compliance Officer 

    The Frederick County School Board has named the Assistant Superintendent for Administration as the Compliance Officer responsible for identifying, investigating, preventing and remedying prohibited discrimination. Complaints of discrimination may also be made to the Executive Director of Human Resources who is designated as the Alternate Compliance Officer. The Compliance Officer or Alternate Compliance Officer shall: 

    • receive reports or complaints of discrimination; 

    • oversee the investigation of any alleged discrimination; 

    • assess the training needs of the school division in connection with this regulation; 

    • arrange necessary training to achieve compliance with this regulation; 

    • ensure that any discrimination investigation is conducted by an impartial investigator who is trained in the requirements of equal employment opportunity, including the authority to protect the alleged victim and others during the investigation. 

  5. Retaliation 

    Retaliation against employees who report discrimination or participate in the related proceedings is prohibited. The school division shall take appropriate action against any employee who retaliates against another employee or candidate for employment who reports alleged discrimination or participates in related proceedings. 

  6. Alternate Complaint Procedure 

    Nothing in this regulation shall deny the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited discrimination including initiating civil action, filing a complaint with outside agencies, or seeking redress under state or federal law. 

  7. False Charges 

    Employees who make false charges of discrimination shall be subject to disciplinary action. 

Legal Reference(s): 

20 U.S.C. Section(s) 1681 et seq.

29 U.S.C. Section(s) 701.

42 U.S.C. Sections(s) 6101 et seq., 2000e-2 et seq., and 12101 et seq.

Code of Virginia, 1950, as amended, § 22.1‑295.2.

Bostock v. Clayton County. Ga., 590 U.S. ____ (2020)

Adopted: June 22, 2007
Amended: August 19, 2020