View Policy / Procedure

Employment Disability Nondiscrimination

Type: School Board Policy

Section: 400 EMPLOYEES/PERSONNEL

Code: 402

Adopted Date: 8/12/2002

Revised Dates: 1/8/2007, 12/13/2010, 11/10/2014, 2/12/2018, 5/18/2021, 12/12/2023

Reviewed Dates: 1/8/2007, 12/13/2010, 11/10/2014, 2/12/2018, 4/19/2021, 4/20/2021, 12/12/2023

I. PURPOSE

The purpose of this policy is to provide fair employment setting for all persons and to comply with state and federal law.

II. GENERAL STATEMENT

A. Moorhead Area Public Schools shall not discriminate against qualified individuals with disabilities, because of the disabilities of such individuals, in regard to job application procedures, hiring, advancement, discharge, compensation, retention, job training, or any other terms, conditions, and/or privileges of employment.

B. Moorhead Area Public Schools shall not engage in contractual or other arrangements that have the effect of subjecting its qualified applicants or employees with disabilities to discrimination on the basis of disability. The school district shall not exclude or deny equal jobs or job benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.

C. Moorhead Area Public Schools shall make reasonable accommodations for the known physical or mental limitations of a qualified individual with a disability who is an applicant or employee, unless the accommodation would impose undue hardship on the operation of the school district.

D. Any job applicant or employee wishing to discuss the need for a reasonable accommodation, or other matters related to a disability or the enforcement and application of this policy should contact:

Ashley Evans, Director of Human Resources
Operations Center

1313 30th Ave So

Moorhead MN 56560

swinter@moorheadschools.org

Legal References:

29 U.S.C. 794 et seq. (Section 504 of the Rehabilitation Act of 1973)
42 U.S.C. Ch. 126, Section 12112 (Americans with Disabilities Act)
29 C.F.R. Part 32 (Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance)
34 C.F.R. Part 104 (Nondiscrimination on the Basis on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance)
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)

Cross References:
Moorhead School Board Policy 102: State and Federal Law Prohibiting Discrimination
Moorhead School Board Policy 401: Equal Employment Opportunity Statement
Moorhead School Board Policy 402: Grievance Procedures for Equal Opportunity
MSBA/MASA Model Policy 402 (Disability Nondiscrimination Policy)
MSBA/MASA Model Policy 413 (Harassment and Violence)