5:010 Equal Employment Opportunity and Minority Recruitment

5:010 Equal Employment Opportunity and Minority Recruitment

5:010 Equal Employment Opportunity and Minority Recruitment

The School District shall provide equal employment opportunities to all persons regardless of their race; color; creed; religion; national origin; sex; sexual orientation; age; ancestry; marital status; arrest record:  military status; order of protection status; unfavorable military discharge; citizenship status provided the individual is authorized to work in the United States; work authorization status; use of lawful products while not at work; being a victim of domestic violence, sexual violence, gender violence; or any other crime of violence; genetic information; physical or mental handicap or disability, if otherwise able to perform the essential functions of the job with reasonable accommodation; pregnancy, childbirth, or related medical conditions: credit history, unless a satisfactory credit history is an established bona fide occupational requirement of a particular position; conviction record, unless authorized by law; or other legally protected categories.  No one will be penalized solely for his or her status as a registered qualifying patient or a registered designated caregiver for purposes of the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/.

Persons who believe they have not received equal employment opportunities should report their claims to the Nondiscrimination Coordinator and/or a Complaint Manager for the Uniform Grievance Procedure. These individuals are listed below. No employee or applicant will be discriminated or retaliated against because he or she: (1) requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by the Illinois Human Rights Act, or (2) initiated a complaint, was a witness, supplied information, or otherwise participated in an investigation or proceeding involving an alleged violation of this policy or State or federal laws, rules or regulations, provided the employee or applicant did not make a knowingly false accusation nor provide knowingly false information.

Administrative Implementation

The Superintendent shall appoint a Nondiscrimination Coordinator for personnel who shall be responsible for coordinating the District’s nondiscrimination efforts. The Nondiscrimination Coordinator may be the Superintendent or a Complaint Manager for the Uniform Grievance Procedure. The Nondiscrimination Coordinator also serves as the District’s Title IX Coordinator.  The Superintendent shall insert into this policy the names, office addresses, email addresses and telephone numbers of the District’s current Nondiscrimination Coordinator and Complaint Managers.

Nondiscrimination Coordinator:

Steve Pearce
Chief Human Resources Officer
335 W Wilson St
Batavia, IL  60510
steve.pearce@bps101.net
630-937-8830

Complaint Managers:

Kari Ruh
Director of Special Education
335 W Wilson St
Batavia, IL  60510
kari.ruh@bps101.net
630-937-8836

Anton Inglese
Chief Financial Officer
335 W Wilson St
Batavia, IL  60510
anton.inglese@bps101.net
630-937-8833

The Superintendent shall also use reasonable measures to inform staff members and applicants that the District is an equal opportunity employer, such as, by posting required notices and including this policy in the appropriate handbooks.

Minority Recruitment

The District will attempt to recruit and hire minority employees. The implementation of this policy may include advertising openings in minority publications, participating in minority job fairs, and recruiting at colleges and universities with significant minority enrollments. This policy, however, does not require or permit the District to give preferential treatment or special rights based on a protected status without evidence of past discrimination.

Cross Reference: 

2:260 Uniform Grievance Procedure

2:265 Title IX Sexual Harassment Grievance Procedure

5:020 Workplace Harassment Prohibited

5:030 Hiring Process and Criteria

5:040 Communicable and Chronic Infectious Disease

5:050 Drug and Alcohol Free Workplace E-Cigarette, Tobacco and Cannabis Prohibition

5:070 Religious Holidays

5:180 Temporary Illness or Temporary Incapacity

5:200 Terms and Conditions of Employment and Dismissal

5:250 Leaves of Absence

5:270 Employment, At-Will, Compensation and Assignment

5:300 Schedules and Employment Year

5:330 Sick Days, Vacation, Holidays and Leaves

7:010 Equal Educational Opportunities

7:180 Preventing Bullying, Intimidation, and Harassment

8:070 Accommodating Individuals with Disabilities

Legal Reference(s):

Age Discrimination in Employment Act, 29 U.S.C. §621 et seq.

Americans With Disabilities Act, Title I, 42 U.S.C. §12111 et seq.

Civil Rights Act of 1991, 29 U.S.C. §§621 et seq., 42 U.S.C. §1981 et seq., §2000e et seq., and§12101 et seq.

Equal Employment Opportunities Act (Title VII of the Civil Rights Act of 1964), 42 U.S.C. §2000e et seq., 29 C.F.R. Part 1601.

Equal Pay Act, 29 U.S.C. §206(d).

Employee Credit Privacy Act, 820 ILCS 70/.

Genetic Information Nondiscrimination Act, 42 U.S.C. §2000ff et seq.

Immigration Reform and Control Act, 8 U.S.C. §1324a et seq.

Rehabilitation Act of 1973, 29 U.S.C. §791 et seq.

Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d et seq.

Pregnancy Discrimination Act, 42. U.S.C. §2000e(k).

Title IX of the Education Amendments, 20 U.S.C. §1681 et seq., 34 C.F.R. Part 106.

Uniformed Services Employment and Reemployment Rights Act (1994), 38 U.S.C. §§4301 et seq.

Ill. Constitution, Art. I, §§17, 18, and 19.

105 ILCS 5/10-20.7, 5/10-20.7a, 5/10-21.1, 5/10-22.4, 5/10-23.5, 5/22-19, 5/24-4, 5/24-4.1, and 5/24-7.

Genetic Information Protection Act, 410 ILCS 513/25.

Ill. Whistleblower Act, 740 ILCS 174/.

Ill. Human Rights Act, 775 ILCS 5/1-103 and 5/2-102.

Religious Freedom Restoration Act, 775 ILCS 35/5. Ill.

Equal Pay Act of 2003, 820 ILCS 112/.

Victims’ Economic Security and Safety Act, 820 ILCS 180/30. 23 Ill.Admin.Code §1.230.

Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/.

Adopted:   April 22, 2011

Amended:  December 16, 2014; January 21, 2020; September 22, 2020; August 24, 2021; January 25, 2022

Administrative Procedure