Article IV: Non-Discrimination

Section 1 – Non-Discrimination

Neither the District nor the Association shall discriminate against any employee on the basis of race, color, religion, sex, national origin, handicap, age, marital status, sexual orientation (as provided by state and federal law), nor engage in any form of sexual harassment, nor on the basis of membership or lack of membership in an employee organization, nor for participation in lawful employee organization activities, or refraining from participating in employee organization activities.

Section 2 – Reasonable Accommodation for Qualified Disabled Unit Member

A. The District and the Association acknowledge that both parties have a legal obligation to consider reasonable accommodation for qualified disabled employees.

B. If the District determines that it must reasonably accommodate a disabled employee, the legal obligation shall superseded all sections of the agreement in conflict with the duty to reasonably accommodate.

C. The Association recognizes that the District has the legal obligation to meet individually with qualified disabled employees to discuss reasonable accommodation. If the District determines that the implementation of the reasonable accommodation will conflict with the rights of other employees, the District will give the Association written notice and an opportunity to meet with the District to discuss alternatives. The Association agrees to keep medical information related to the reason for the reasonable accommodation confidential, unless the affected employee signs a release.

Section 3 – Remedy

Violations of this Article shall not be subject to the grievance procedure of this Agreement, except where no other administrative remedy exists.