NON-DISCRIMINATION AGAINST EMPLOYEES. The Board and the Association agree not to discriminate against any employee because of participation or lack of participation in activities of the Association. The Board shall appoint employees to all assignments on basis of qualifications without regard to race, creed, color, gender, age, disability, marital status (except in cases of building administrators, their spouses, and/or children who are assigned to employment in the same building), national origin, ancestry, or place of residence. It is recognized that this obligation shall not be grievable under a finding or order of a court of competent jurisdiction to comply with its ruling. However, it is also agreed that at times it may be necessary to treat different classifications of employees in a manner which is different but appropriate, in which case this different treatment will be specifically negotiated and ratified by the parties pursuant to Article II, in which case this Section (4.4) shall not take precedence over any other article or section of this contract.
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