GBA – Equal Employment Opportunity

Equal employment opportunity and treatment shall be practiced by the ESD regardless of race¹, color, national origin, religion, sex, sexual orientation, gender identity, age, marital status, pregnancy, childbirth or a related medical condition, veterans’ status, service in a uniformed service, familial status, genetic information, an individual’s juvenile record that has been expunged, and disability if the employee, with or without reasonable accommodation, is able to perform the essential functions of the position.

The ESD administers preference in hiring or promotion decisions in accordance with Oregon law for applicants claiming preference as a veteran, disabled veteran, state servicemember or former state servicemember.

The superintendent will appoint an employee to serve as the officer in charge of compliance with the Americans with Disabilities Act and the Americans with Disabilities Act Amendments Act (ADA), and Section 504 of the Rehabilitation Act. The superintendent will also designate a Title IX coordinator to comply with the requirements of Title IX of the Education Amendments. The Title IX coordinator will investigate complaints communicated to the ESD alleging noncompliance with Title IX. The name, address and telephone number of the Title IX coordinator will be communicated to all students, parents of students and employees through handbooks and will be published on the ESD website.

The superintendent may develop other specific recruitment, interview and evaluation procedures necessary to implement this policy. These procedures will seek to provide an equal employment opportunity and eliminate the effects of past and present discrimination, intended or unintended, on the basis of race, religion, national origin, age, sex, marital status or physical or mental disabilities.

END OF POLICY

¹ Race also includes physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type and protective hairstyles as defined by ORS 659A.001.

Legal Reference(s):

• ORS 174.100
• ORS 243.305
• ORS 326.051
• ORS 334.125(5)
• ORS 408.225 – 408.237
• ORS 652.210 - 652.220
• ORS 659.805
• ORS 659.850
• ORS 659A.003
• ORS 659A.006
• ORS 659A.009
• ORS 659A.029
• ORS 659A.030
• ORS 659A.082
• ORS 659A.109
• ORS 659A.112
• ORS 659A.147
• ORS 659A.820
• OAR 581-021-0045
• OAR 581-024-0245
• OAR 839-003-0000
• OAR 839-006-0435 - 0480
• Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (2024).
• Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. et. seq. (2024).
• Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634 (2024); 29 C.F.R Part 1626 (2025).
• Age Discrimination Act of 1975, 42 U.S.C. §§ 6101-6107 (2024).
• Equal Pay Act of 1963, 29 U.S.C. § 206(d) (2024).
• Rehabilitation Act of 1973, 29 U.S.C. §§ 791, 794 (2024); 34 C.F.R. Part 104 (2024).
• Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1683, 1701, 1703-1705, 1720 (2024); Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 34 C.F.R. Part 106 (2020).
• Americans with Disabilities Act/Americans with Disabilities Act Amendments Act, 42 U.S.C. §§ 12101-12213 (2024); 29 C.F.R. Part 1630 (2025); 28 C.F.R. Part 35 (2025).
• The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, 38 U.S.C. § 4212 (2024).
• Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff-1 (2024).
• Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301-4303 (2024).

Cross Reference(s):

• AC - Nondiscrimination
• ACA - Americans with Disabilities Act