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Elk Grove USD  |  BP  4119.1  Personnel

Civil And Legal Rights   

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[Collective bargaining contracts govern this policy area and the following personnel policy pertains only to employees not governed by a collective bargaining agreement. Represented employees should refer to either the AFSCME, ATU, CSEA, EGEA or PSWA contract for this policy area.]

The Board of Education believes that the personal life of an employee is not an appropriate concern of the district, except as it may directly prevent the employee from performing his/her duties or responsibilities.

An employee's religious or political activities, or the lack thereof, shall not be grounds for any discrimination or disciplinary action by the district, provided these activities do not violate Board policy, administrative regulations or local, state or federal laws.

(cf. 4030 - Nondiscrimination in Employment)

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

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

Teachers shall have the right to refuse to submit to any evaluation or survey conducted by the district concerning personal values, attitudes and beliefs; sexual orientation; political affiliations or opinions; critical appraisals of other individuals with whom the teacher has a family relationship; or religious affiliations or beliefs. (Education Code 49091.24)

Whistleblower Protection

All employees shall have the right to disclose improper governmental activities to a Board member, a school administrator, a member of the County Board of Education, County Superintendent of Schools, or the Superintendent of Public Instruction. An improper governmental activity is an activity by the district or a district employee that violates state or federal law, is economically wasteful, or involves gross misconduct, incompetency or inefficiency. (Education Code 44111, 44112)

No employee shall use or attempt to use his/her official authority or influence to intimidate, threaten, coerce or command another employee for the purpose of interfering with that employee's right to disclose improper governmental activity. (Education Code 44113)

(cf. 4118 - Suspension/Disciplinary Action)

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

An employee who has disclosed improper governmental activity and believes that he/she has subsequently been subjected to acts or attempted acts of reprisal shall file a written complaint in accordance with the district's complaint procedures. After filing a complaint with the district, he/she may also file a copy of the complaint with local law enforcement in accordance with Education Code 44114.

(cf. 1312.1 - Complaints Concerning District Employees)

(cf. 1312.3 - Uniform Complaint Procedures)

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination on the basis of sex

7050-7057 Political activities of school officers and employees

44040 Unlawful to discriminate solely because of employee's appearance before certain boards or committees

44110-44114 Reporting by school employees of improper governmental activity

44801 Leave of absence for employees elected to the Legislature

49091.24 Teacher rights to refuse evaluation/survey of personal life

CIVIL CODE

51 Unruh Civil Rights Act

GOVERNMENT CODE

3540.1 Public employment definitions

3543.5 Interference with employee's rights prohibited

12940-12950 Discrimination prohibited; unlawful practices, generally

UNITED STATES CODE, TITLE 42

2000d-2000d-7 Civil Rights Act

2000e-2000e-17 Civil Rights Act of 1964 as amended

2000h-2000h-6 1972 Education Act Amendments

12101-12213 Americans with Disabilities Act

Policy ELK GROVE UNIFIED SCHOOL DISTRICT

approved: December 3, 1984 Elk Grove, California

amended: September 18, 1989

amended: July 1, 2002