Delano Joint HSD | BP 4319.22 Personnel
Dress And Grooming
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. 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)
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.
35160 Authority of governing boards
35160.1 Broad authority of school districts
3543.2 Scope of representation
12940 Unfair employment practices
12949 Dress standards, consistency with gender identity
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
CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING PUBLICATIONS
Transgender Rights in the Workplace
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