Board approves equal-employment policy after heated debate over gender-identity language

The Faribault Public Schools board approved its review of Policy 401 (Equal Employment Opportunity) on Nov. 24, after a contentious discussion and a failed attempt to amend the policy's nondiscrimination language.

Director Victor Moore moved to amend the policy to delete the phrase "including gender identity or expression" and replace it with "as defined by male and female." The motion failed for lack of a second. Moore argued the language could conflict with members' religious beliefs and could open the district to litigation. "DEI favors some groups over others," Moore said, arguing the policy "violates the Civil Rights Act of 1964" and First Amendment religious freedoms. (Transcript language preserved as spoken.)

Director Wolf and other board members emphasized that Policy 401 is a mandatory policy backed by legal references and that the board must maintain a policy consistent with state and federal law. Superintendent Bente (acting as superintendent on the record) reminded the board that protections for gender identity have been extended under federal law, citing a 2020 U.S. Supreme Court decision as part of the legal context.

Director Steeves, speaking in favor of the unamended policy, told colleagues the provision is meant to ensure equal employment opportunity for all applicants and employees irrespective of personal beliefs. "We provide equal opportunity for everyone," Steeves said.

The motion to approve the policy review passed 5'to'2.

Context and next steps: Board members who objected said they will consult counsel if legal conflicts arise; the district retains the mandatory policy template via MSBA (Minnesota School Boards Association) legal services as part of its policy process.