File:  GBA - Open Hiring/Equal Employment Opportunity

NOTE:  Colorado school districts are required by law to adopt a policy on this subject and the law contains some specific direction as to the content or language. This sample contains the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

The Board subscribes to the principles of the dignity of all people and of their labors. It also recognizes that it is both culturally and educationally sound to have persons of diverse backgrounds on the school district's staff.

Therefore, the district promotes and provides for equal opportunity in the recruitment, selection, promotion, and dismissal of all personnel. Commitment on the part of the district towards equal employment opportunity applies to all people without regard to disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, religion, ancestry, age, genetic information, or conditions related to pregnancy or childbirth. The district will ensure that it does not unlawfully discriminate in any area of employment including job advertising, pre-employment requirements, recruitment, compensation, fringe benefits, job classifications, promotion, and termination.

(Adoption date)

LEGAL REFS.:   20 U.S.C. §1681 (Title IX of the Education Amendments of 1972)

29 U.S.C. §201 et seq. (Fair Labor Standards Act)

29 U.S.C. §621 et seq. (Age Discrimination in Employment Act of 1967)

29 U.S.C. §794 (Section 504 of the Rehabilitation Act of 1973)

42 U.S.C. §12101et seq. (Title II of the Americans with Disabilities Act)

42 U.S.C. §2000d (Title VI of the Civil Rights Act of 1964)

42 U.S.C. §2000e (Title VII of the Civil Rights Act of 1964)

42 U.S.C. §2000ff et seq. (Genetic Information Nondiscrimination Act of 2008)

C.R.S. 2-4-401 (3.4) (definition of gender expression)

C.R.S. 2-4-401 (3.5) (definition of gender identity)

C.R.S. 2-4-401 (13.5) (definition of sexual orientation)

C.R.S. 22-32-110 (1)(k) (definition of racial or ethnic background includes hair texture, definition of protective hairstyle)

C.R.S. 22-61-101 (discrimination in employment prohibited)

C.R.S. 24-34-301 et seq. (Colorado Civil Rights Division procedures)

C.R.S. 24-34-301 (3.3) (definition of gender expression)

C.R.S. 24-34-301 (3.5) (definition of gender identity)

C.R.S. 24-34-301 (7) (definition of sexual orientation)

C.R.S. 24-34-402 et seq. (discriminatory or unfair employment practices)

C.R.S. 24-34-402.3 (discrimination based on pregnancy, childbirth or related conditions; notice of right to be free from such discrimination must be posted “in a conspicuous place” accessible to employees)

CROSS REFS.:  AC, Nondiscrimination/Equal Opportunity

GBAA, Sexual Harassment

NOTE:  For purposes of this policy, these terms have the following meanings
   •  “Race” includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.
C.R.S. 22-32-110 (1)(k).
   •  “Protective Hairstyle” includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, bantu knots, afros, and head wraps. Id.
   •  “Sexual Orientation” means an individual’s identity, or another individual’s perception thereof, in relation to the gender or genders to which the individual is sexually or emotionally attracted and the behavior or social affiliation that may result from the attraction.
C.R.S. 2-4-401 (13.5) and C.R.S. 24-34-301 (7).
   •  “Gender Expression” means an individual’s way of reflecting and expressing the individual’s gender to the outside world, typically demonstrated through appearance, dress, and behavior. C.R.S.
2-4-401 (3.4) and C.R.S. 24-34-301 (3.3).
   •  “Gender Identity” means an individual’s innate sense of the individual’s own gender, which may or may not correspond with the individual’s sex assigned at birth. C.R.S.
2-4-401 (3.5) and C.R.S. 24-34-301 (3.5).

[Reviewed February 2024]

COLORADO SAMPLE POLICY 1992©