Common use of Section 3.4 Clause in Contracts

Section 3.4. 36 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, age, religion, disability, marital status, or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if the disability prevents the safe, proper or 41 efficient performance of the employee's duties. 42

Section 3.4. 36 46 Neither the District, nor the Association, shall unlawfully discriminate against any employee subject to 47 this 37 Agreement on the basis of race, creed, color, gendersex, sexual orientation, gender expression, national 38 origin, age, religion, disability, age or marital status, or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a physical 1 handicap with respect to a position, the disability prevents duties of which may be performed efficiently by an individual 2 without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 25 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 26 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, age, religion, disability, age or marital status, status or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a 27 physical handicap with respect to a position, the disability prevents duties of which may be performed efficiently by an 28 individual without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 21 Neither the District, District nor the Association, Association shall discriminate against any employee subject to this 37 22 Agreement on the basis of race, creed, color, gendersex, sexual orientation, gender expression, national 38 originreligion, age, religion, disability, or marital status, status or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a 23 physical handicap with respect to a position, the disability prevents duties of which may be performed efficiently by an 24 individual and without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 45 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 46 Agreement on the basis of race, creed, color, gendersex, religion, age, national origin, sexual orientation, gender expression47 marital status or the presence of any sensory, national 38 origin, age, religion, disability, marital statusmental, or any other basis prohibited physical handicap with respect to a position, 1 the duties of which may be performed efficiently by law an individual without danger to the health or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if the disability prevents the safe, proper or 41 efficient performance 2 safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 31 Neither the District, nor the AssociationUnion, shall discriminate against any employee subject to this 37 Agreement on 32 the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, agesex, religion, disability, age or marital status, status or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a physical handicap with 33 respect to a position, the disability prevents duties of which may be performed efficiently by an individual without danger 34 to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 25 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 Agreement 26 on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, age, religion, disability, age or marital status, status or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a physical handicap 27 with respect to a position, the disability prevents duties of which may be performed efficiently by an individual without danger 28 to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 25 Neither the District, nor the Association, shall illegally discriminate against any employee subject to 26 this 37 Agreement agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, age, religion, disabilityage, marital status, or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of a 27 disability shall not apply if with respect to a position, the disability prevents duties of which may be performed efficiently by an individual 28 without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42disabled person or others.

Section 3.4. 36 11 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 12 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, agesex, religion, disability, age or marital status, status or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a physical 13 handicap with respect to a position, the disability prevents duties of which may be performed efficiently by an individual 14 without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 Neither 21 As reflected in law, neither the District, District nor the Association, Association shall discriminate against any employee 22 subject to this 37 Agreement on the basis of race, creed, color, gendersex, sexual orientation, gender expression, national 38 originreligion, age, religionmarital status or because 23 of a disability with respect to a position, disability, marital status, the duties of which may be performed efficiently by an 24 individual without danger to the health or any other basis prohibited by law safety of a person with a disability or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if the disability prevents the safe, proper or 41 efficient performance of the employee's duties. 42others.

Section 3.4. 36 44 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 45 Agreement on the basis of race, creed, color, gendersex, religion, age, national origin, sexual orientation, gender expression46 marital status or the presence of any sensory, national 38 origin, age, religion, disability, marital statusmental, or any other basis prohibited physical handicap with respect to a position, 47 the duties of which may be performed efficiently by law an individual without danger to the health or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if the disability prevents the safe, proper or 41 efficient performance 48 safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 23 Neither the District, nor the Association, shall unlawfully discriminate against any employee subject to 24 this 37 Agreement on the basis of race, creed, color, gendersex, sexual orientation, gender expression, national 38 origin, age, religion, disability, age or marital status, or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a physical 25 handicap with respect to a position, the disability prevents duties of which may be performed efficiently by an individual 26 without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 14 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 15 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, agesex, religion, disability, age or marital status, or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a physical 16 handicap with respect to a position, the disability prevents duties of which may be performed efficiently by an individual 17 without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 13 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 14 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, agesex, religion, disability, age or marital status, or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a physical 15 handicap with respect to a position, the disability prevents duties of which may be performed efficiently by an individual 16 without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 11 Neither the District, District nor the Association, Association shall discriminate against any employee subject to this 37 12 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, agesex, religion, disability, age or marital status, status or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a 13 physical handicap with respect to a position, the disability prevents duties of which may be performed efficiently by an 14 individual without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 47 Neither the District, District nor the Association, Association shall unlawfully discriminate against any employee subject to 48 this 37 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, agesex, religion, disability, age or marital status, status or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of a 1 physical disability shall not apply if with respect to a position, the disability prevents duties of which may be performed efficiently by an 2 individual without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically disabled person or others.

Section 3.4. 36 44 Neither the District, District nor the Association, Association shall discriminate against any employee subject to this 37 45 Agreement on the basis of race, creed, color, gendersex, religion, age or marital status, sexual orientation, gender expression, national 38 origin, age, religion, disability, marital status, or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination 46 because of the presence of any sensory, mental or a physical disability shall not apply if with respect to a position, the disability prevents 47 duties of which may be performed efficiently by an individual without danger to the safe, proper health or 41 efficient performance safety of 48 the employee's duties. 42disabled person or others.

Section 3.4. 36 19 Neither the District, nor the Association, shall unlawfully discriminate against any employee subject to 20 this 37 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expressioncolor, national 38 origin, agesex, religion, disabilityage, marital status, 21 or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a physical handicap with respect to a position, the disability prevents the safe, proper or 41 efficient performance duties of the employee's duties. 42which may be performed 22 efficiently and competently.

Section 3.4. 36 14 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 15 Agreement on the basis of race, creed, color, gendersex, sexual orientation, gender expression, national 38 originreligion, age, religion, disability, or marital status, status or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a 16 physical handicap with respect to a position. The duties of which may be performed efficiently by an 17 individual without danger to the disability prevents the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 19 Neither the District, nor the Association, shall unlawfully discriminate against any employee subject to 20 this 37 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expressioncolor, national 38 origin, agesex, religion, disabilityage, marital status, 21 or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a physical handicap with respect to a position, the disability prevents the safe, proper or 41 efficient performance duties of the employee's dutieswhich may be performed 22 efficiently and competently. 4223 24 Section 3.5. Evaluations.

Section 3.4. 36 29 Neither the District, District nor the Association, Association shall illegally discriminate against any employee subject to this 37 30 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, agesex, religion, disability, age or marital status, status or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if the disability prevents the safe, proper or 41 efficient performance of the employee's duties. 42a physical 31 handicap.

Section 3.4. 36 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, age, religion, disability, age or marital status, status or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a 38 physical handicap with respect to a position, the disability prevents duties of which may be performed efficiently by an 39 individual without danger to the safe, proper health or 41 efficient performance safety of the employee's dutiesphysically handicapped person or others. 4240

Section 3.4. 36 14 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 15 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, agesex, religion, disability, age or marital status, status or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of a 16 physical disability shall not apply if with respect to a position, the disability prevents duties of which may be performed efficiently by an 17 individual without danger to the safe, proper health or 41 efficient performance safety of the employee's dutiesphysically disabled person or others. 4218

Section 3.4. 36 ‌ 25 Neither the District, nor the Association, shall unlawfully discriminate against any employee subject to 26 this 37 Agreement on the basis of race, creed, color, gendersex, religion, sexual orientation, gender expression, national 38 origin, age, religion, disability, age or marital status, status 27 or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a physical handicap with respect to a position, the disability prevents duties of which may be performed 28 efficiently by an individual without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person 29 or others.

Section 3.4. 36 39 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 40 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, agesex, religion, disability, age or marital status, status or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a physical 41 handicap with respect to a position, the disability prevents duties of which may be performed efficiently by an individual 42 without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 32 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 33 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, agesex, religion, disability, age or marital status, or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a 34 physical handicap with respect to a position, the disability prevents duties of which may be performed efficiently by an 35 individual without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 17 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 18 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, agesex, religion, disability, age or marital status, or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a 19 physical handicap with respect to a position, the disability prevents duties of which may be performed efficiently by an 20 individual without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.

Section 3.4. 36 32 Neither the District, nor the Association, shall discriminate against any employee subject to this 37 33 Agreement on the basis of race, creed, color, gender, sexual orientation, gender expression, national 38 origin, age, religion, disability, age or marital status, status or any other basis prohibited by law or Xxxxxxx School 39 District policy, unless based upon a bona fide occupational qualification; provided, that the prohibition 40 against discrimination because of disability shall not apply if a 34 physical handicap with respect to a position, the disability prevents duties of which may be performed efficiently by an 35 individual without danger to the safe, proper health or 41 efficient performance safety of the employee's duties. 42physically handicapped person or others.