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Delano Joint HSD  |  BP  4119.22  Personnel

Dress And Grooming   

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The Governing Board believes that appropriate dress and grooming by district employees contribute to a productive learning environment and model positive behavior. During school hours and at school activities, employees shall maintain professional standards of dress and grooming that demonstrate their high regard for education, present an image consistent with their job responsibilities and assignment, and do not endanger the health or safety of employees or students. All employees shall be held to the same standards unless their assignment provides for modified dress as approved by their supervisor.

(cf. 0415 - Equity)

(cf. 4118 - Dismissal/Suspension/Disciplinary Action)

(cf. 4119.21/4219.21/4319.21 - Professional Standards)

(cf. 4119.25/4219.25/4319.25 - Political Activities of Employees)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

The district shall allow employees to appear and dress in a manner consistent with their gender identity or gender expression. (Government Code 12949)

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 4030 - Nondiscrimination in Employment)

(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)

The district shall not discriminate against employees based on hair texture and protective hairstyles, including, but not limited to, braids, locks, and twists. (Government Code 12926)

Attire sets the tone in a school setting. Attire should be suitable for job performance and appropriate for the school population that is served.

All employees should avoid the following as it relates to dressing or grooming:

* Gang affiliated clothing

* Language/images of alcohol and/or drugs

* Sports Jerseys are not appropriate attire for work, unless on specific spirit or event days as approved by the District

* Distressed clothes-cut, ripped, or torn clothing, pants with patches or holes, etc.

* Low-cut, tight or short clothing considered revealing of any body parts, including but not limited to spaghetti straps, or straps less than 2 inches in width, revealing bra straps or undergarments. Tights, leggings, or sweat pants that are meant for the gym should not be worn while on duty

* Sagging or low-cut pants that reveal undergarments

* Tattoos and brands anywhere on the body that are obscene, advocate sexual, racial, ethnic or religious discrimination or that are of a nature that tends to bring discredit to the District are prohibited. Prohibited alterations, modifications, tattoos or brands must be covered with articles of cloth, or appropriate material if the tattoo is small, so they are not visible to students or other employees.

Failure to adhere to this policy, as determined by an employee's supervisor, can result in disciplinary action, up to and including termination from employment. The District will not discipline an employee or otherwise discriminate against an employee on the basis of religious dress or grooming practices or other protected bases.

The district shall not dismiss an employee, discriminate against an employee in compensation or in terms, conditions, or privileges of employment, or refuse to hire a job applicant on the basis of religious dress or grooming practices. (Government Code 12926, 12940)

This policy shall be presented to employees upon employment, through the employee handbook or other appropriate means, and may be periodically reviewed with all employees as necessary.

Legal Reference:

EDUCATION CODE

35160 Authority of governing boards

35160.1 Broad authority of school districts

GOVERNMENT CODE

3543.2 Scope of representation

12926 Definitions

12940 Unfair employment practices

12949 Dress standards, consistency with gender identity

COURT DECISIONS

San Mateo City School District v. PERB (1983) 33 Cal. 3d 850

Domico v. Rapides Parish School Board (5th Cir. 1982) 675 F.2d 100

East Hartford Education Assn. v. Board of Education (2d Cir. 1977) 562 F. 2d 838

Finot v. Pasadena Board of Education (1967) 250 Cal.App.2d 189

PUBLIC EMPLOYMENT RELATIONS BOARD DECISIONS

Santa Ana Unified School District (1998) 22 PERC P29, 136

Inglewood Unified School District (1985) 10 PERC P17, 000

Management Resources:

CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING PUBLICATIONS

Transgender Rights in the Workplace

WEB SITES

California Department of Fair Employment and Housing: https://www.dfeh.ca.gov

Public Employment Relations Board: http://www.perb.ca.gov

Policy DELANO JOINT UNION HIGH SCHOOL DISTRICT

adopted: December 16, 2019 Delano, California