California Community Colleges Chancellor’s Office
Equal Employment Opportunity and Diversity, 2016
THE LAW
Federal Non-Discrimination Laws
Civil Rights Act of 1964 (Title VII)
Title VII prohibits not only the Intentional discrimination, but also the practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.
It is illegal to discriminate in any aspect of employment, including the decision based on the stereotypes or the assumptions about the abilities, traits, or performance of the individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities.
Age Discrimination in Employment Act (ADEA)
Age discrimination involves treating someone (an applicant or employee) less favorably because of his or her age.
The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other terms of conditions of employment.
Americans with Disabilities Act (ADA) 1990
The ADA prohibits discrimination on the basis of disability in all aspects of employment practices.
Employers may not ask applicants about the existence, nature, or severity of a disability, but may ask about the applicant’s ability to perform job functions.
“Reasonable accommodation” includes modification or adjustments that enable disabled employees to preform essential job functions.
Fair Employment and Housing Act (FEHA)
The FEHA bans employment discrimination based on age (40 and over), ancestry, color, religious creed, disability, (mental and physical) including HIV and AIDs, marital status, medical condition, national origin, race, sex, and sexual orientation.
Nondiscrimination: Title 5 s-59300
“… no person in the state of California shall, on the basis of ethnic group identification, national origin, religion, sex, race, color, ancestry, sexual orientation, or physical or mental disability, or on the basis of these perceived characteristics or based on the association with a person or group with one or more of these actual or perceived characteristics be unlawfully denied full and equal access to the benefits of , or be unlawfully subjected to discrimination under any of the program or activity that is administered by, funded directly by, or that received any financial assistance from, the Chancellor or Board of Governors of the California Community Colleges.
Laws Promoting Inclusion
Education Code s-87100
“ A work force that is continually responsive to the needs of a diverse student population [which]may be achieved by ensuring that all person receive an equal opportunity to complete employment and promotion within the community college districts and by eliminating barriers to equal employment opportunity.”
California Title 5 s-53024.1
Establishing and maintaining a richly diverse workforce is an on-going process that requires continued institutionalized effort
-“Richly Diverse Workforce”
-“Continued Institutionalized Effort”
-“Establishing and Maintaining”
California Title 5 s-53003
California Title 5 s-53005
Each community district shall establish and EEO Advisory Committee to assist the district in developing and implementing the EEO plan
California Title 5 s-53003 (c)
Screening/ Selection committee shall be trained on:
California Title 5 s-53024
The governing board or its designee shall have the authority to make all final hiring decisions based upon careful review of the candidate or candidates recommended by the screening committee. This includes the right to reject all candidates and to order further review by the screening committee or to reopen the position whereas necessary to further achievement of the objectives or the EEO plan or to ensure equal employment opportunity
California Title 5 s-53003 (c)(6)
Longitudinal analysis of the district’s employees and applicant, broken down by number of persons from monitored group status… to determine whether additional measures are required pursuant to Section 53006 and to implement and evaluate the effectiveness of those measures.
California Title 5 s-53006
Where [district date review] identifies that significant underrepresentation of a monitored group may be the result of non-job related factors in the employment process, a district shall “review recruitment procedures and identify and implement any additional measures which might reasonably be expected to attract candidates from significantly underrepresented groups.”
Government Code Section 11139.6 Recruitment and Outreach Programs
The legislation finds that the California Constitution “ does not prevent governmental agencies from engaging in inclusive public section outreach and recruitment programs that…may include focused outreach groups and women if any group is underrepresented…” including:
-Advising/Job Announcements in media “that provide information in languages other than English and whose primary audience is residents of minority low-income communities.
-Job fairs, Events Drawing Significant Participation by Minorities/Women/ economically disadvantaged
Other measures are listed, but list is not exclusive
EEO Fund Titl5 5, section 53030(b)
Equal Employment Opportunity Fund (min. 75%)
“ may be allocated to the districts in the following categories:
Equal Employment Opportunity and Diversity, 2016
THE LAW
Federal Non-Discrimination Laws
- The Civil Rights act of 1964 (Tile VII)
- The age of Discrimination in Employment Act of 1967 (ADEA)
- Americans with Disabilities Act of 1990 (AIDA)
Civil Rights Act of 1964 (Title VII)
Title VII prohibits not only the Intentional discrimination, but also the practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.
It is illegal to discriminate in any aspect of employment, including the decision based on the stereotypes or the assumptions about the abilities, traits, or performance of the individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities.
Age Discrimination in Employment Act (ADEA)
Age discrimination involves treating someone (an applicant or employee) less favorably because of his or her age.
The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other terms of conditions of employment.
Americans with Disabilities Act (ADA) 1990
The ADA prohibits discrimination on the basis of disability in all aspects of employment practices.
Employers may not ask applicants about the existence, nature, or severity of a disability, but may ask about the applicant’s ability to perform job functions.
“Reasonable accommodation” includes modification or adjustments that enable disabled employees to preform essential job functions.
Fair Employment and Housing Act (FEHA)
The FEHA bans employment discrimination based on age (40 and over), ancestry, color, religious creed, disability, (mental and physical) including HIV and AIDs, marital status, medical condition, national origin, race, sex, and sexual orientation.
Nondiscrimination: Title 5 s-59300
“… no person in the state of California shall, on the basis of ethnic group identification, national origin, religion, sex, race, color, ancestry, sexual orientation, or physical or mental disability, or on the basis of these perceived characteristics or based on the association with a person or group with one or more of these actual or perceived characteristics be unlawfully denied full and equal access to the benefits of , or be unlawfully subjected to discrimination under any of the program or activity that is administered by, funded directly by, or that received any financial assistance from, the Chancellor or Board of Governors of the California Community Colleges.
Laws Promoting Inclusion
Education Code s-87100
“ A work force that is continually responsive to the needs of a diverse student population [which]may be achieved by ensuring that all person receive an equal opportunity to complete employment and promotion within the community college districts and by eliminating barriers to equal employment opportunity.”
California Title 5 s-53024.1
Establishing and maintaining a richly diverse workforce is an on-going process that requires continued institutionalized effort
-“Richly Diverse Workforce”
-“Continued Institutionalized Effort”
-“Establishing and Maintaining”
California Title 5 s-53003
- Board adoption of a written Equal Employment Opportunity (EEOP) Plan
- Review of the plan at least every 3 years
- Annual written notice to the community-based & professional orgs concerning the plan and need for assistance in identifying qualified applicants
- Data collection and review
California Title 5 s-53005
Each community district shall establish and EEO Advisory Committee to assist the district in developing and implementing the EEO plan
California Title 5 s-53003 (c)
Screening/ Selection committee shall be trained on:
- Federal and State law, including Title 5;
- The educational benefits of workforce diversity
- Elimination of bias in hiring decisions
- Best practices in serving on a selection/screening committee
California Title 5 s-53024
The governing board or its designee shall have the authority to make all final hiring decisions based upon careful review of the candidate or candidates recommended by the screening committee. This includes the right to reject all candidates and to order further review by the screening committee or to reopen the position whereas necessary to further achievement of the objectives or the EEO plan or to ensure equal employment opportunity
California Title 5 s-53003 (c)(6)
Longitudinal analysis of the district’s employees and applicant, broken down by number of persons from monitored group status… to determine whether additional measures are required pursuant to Section 53006 and to implement and evaluate the effectiveness of those measures.
California Title 5 s-53006
Where [district date review] identifies that significant underrepresentation of a monitored group may be the result of non-job related factors in the employment process, a district shall “review recruitment procedures and identify and implement any additional measures which might reasonably be expected to attract candidates from significantly underrepresented groups.”
Government Code Section 11139.6 Recruitment and Outreach Programs
The legislation finds that the California Constitution “ does not prevent governmental agencies from engaging in inclusive public section outreach and recruitment programs that…may include focused outreach groups and women if any group is underrepresented…” including:
-Advising/Job Announcements in media “that provide information in languages other than English and whose primary audience is residents of minority low-income communities.
-Job fairs, Events Drawing Significant Participation by Minorities/Women/ economically disadvantaged
Other measures are listed, but list is not exclusive
EEO Fund Titl5 5, section 53030(b)
Equal Employment Opportunity Fund (min. 75%)
“ may be allocated to the districts in the following categories:
- An amount proportional to the full-time equivalent students of each district to the total full-time equivalent students for all districts;
- An equal dollar amount to each district;
- An amount related to success in promoting equal employment opportunity. Multiple methods of measuring success shall be identified by the Chancellor working through the established Consultation Process.”