CALIFORNIA COMMUNITY COLLEGES CHANCELLOR S OFFICE EEO & Faculty Diversity Summit: FEDERAL AND STATE LAWS Presenters: Thuy Nguyen, Interim General Counsel Jacob Knapp, Deputy Counsel Peter Khang, Deputy Counsel November 2 and 4, 2015
Under-Represented Minority* Percentages by Student and Employee Types Fall Terms 2005-2014 FIRST-TIME HIRES
Under-Represented Minority* Percentages by Student and Employee Types Fall Terms 2005 2014 TOTAL 60% 50% 40% 30% 20% All Students Classified Administrator Tenure/Tenure-Track Faculty Academic, Temporary 10% 0% Fall 2005 Fall 2006 Fall 2007 Fall 2008 Fall 2009 Fall 2010 Fall 2011 Fall 2012 Fall 2013 Fall 2014 * Under-Represented Minority: Black, Hispanic, Native American, and Pacific Islander Non-Under-Represented Minority: Asian, Multirace, Unreported, and White
Non-Whites* Percentages by Student and Employee Types Fall Terms 2005 2014 TOTAL 80% 70% 60% 50% 40% 30% 20% Students Classified Administrator Tenured/Tenure Track Academic, Temporary 10% 0% Fall 2005 Fall 2006 Fall 2007 Fall 2008 Fall 2009 Fall 2010 Fall 2011 Fall 2012 Fall 2013 Fall 2014 * Non-White: Asian, Black, Hispanic, Multirace, Native American, and Pacific Islander White: Unreported and White
A Window of Opportunity n Exponential increase in FT faculty hiring not seen for nearly two decades $62.32 million in FT faculty hiring Healthier district budgets Retirements n Est. 1,100 new FT faculty this academic year n Past ten years, only approx. 20% - 30% of FT faculty hires are from underrepresented communities
Hiring/Selection Committee Screening/selection committee shall be trained on: (a) federal and state law, including Title 5; (b) the educational benefits of workforce diversity; (c) the elimination of bias in hiring decisions; and (d) best practices in serving on a selection/screening committee. Cal. Title 5 53003(c)(4)
Prop. 209
Two Sides of the Same Coin Nondiscrimination Laws Prohibit Discrimination EEO Laws Promote Inclusion
Federal Nondiscrimination Laws A sample of Federal nondiscrimination laws: Equal Pay Act of 1963 (EPA) The Civil Rights Act of 1964 (Title VII) The Age Discrimination in Employment Act of 1967 (ADEA) Americans with Disabilities Act of 1990 (ADA)
The Equal Pay Act of 1963 (EPA) n n n EPA was intended to abolish wage disparity between men and women. Law forbids discrimination between employees on basis of sex. Employers may not pay unequal wages to men and women who perform duties that require substantially equal skill, responsibility and effort.
The Civil Rights Act of 1964 (Title VII) n n Title VII prohibits not only intentional discrimination, but also 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 decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities.
The Age Discrimination in Employment Act of 1967 (ADEA) n n n 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, layoff, training, fringe benefits, and any other term or condition of employment.
Americans with Disabilities Act of 1990 (ADA) n n n The ADA prohibits discrimination on the basis of disability in all employment practices. Employer may not ask applicants about the existence, nature, or severity of a disability, but may ask about an applicant s ability to perform job functions. Reasonable accommodation includes modification or adjustments that enable disabled employees to perform essential job functions.
State of California Laws California s New Fair Pay Act (S.B. 358) The Fair Employment and Housing Act (FEHA) (Gov. Code 12900-12996) Title 5 of the California Code of Regulations
California s New Fair Pay Act (S.B. 358) Effective January 1, 2016 Significant changes to Labor Code 1197.5(a) Lowers equal work standard to substantially similar work Restricts employers from prohibiting disclosure or discussion of wages 3 years record retention requirement Anti-retaliation clause
The 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 59300 "... no person in the State of California shall, on the basis of ethnic group identification, national origin, religion, age, sex, race, color, ancestry, sexual orientation, or physical or mental disability, or on the basis of these perceived characteristics or based on 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 program or activity that is administered by, funded directly by, or that receives any financial assistance from, the Chancellor or Board of Governors of the California Community Colleges."
Laws Promoting Inclusion The Legislature recognizes that it is not enough to proclaim that community college districts must not discriminate and must not grant preferential treatment on impermissible bases. It is the intent of the Legislature to require community college districts to adopt and implement programs and plans for ensuring equal employment opportunity in their employment practices. Education Code Section 87100(c)
Continually Responsive Workforce Education Code Section 87100(a)(3): A work force that is continually responsive to the needs of a diverse student population [which] may be achieved by ensuring that all persons receive an equal opportunity to compete for employment and promotion within the community college districts and by eliminating barriers to equal employment opportunity.
EEO Programs in Title 5 Detailed regulatory provisions related to proactive hiring processes EEO programs include nondiscriminatory employment practices, actively recruiting, monitoring and taking additional steps This is not just a good idea, it s the law!
Title 5 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
The Law EEO Defined Title 5 53001(c): (1) identifying and eliminating barriers to employment that are not job related; and (2) creating an environment which fosters cooperation, acceptance, democracy, and free expression of ideas and is welcoming to men and women, persons with disabilities, and individuals from all ethnic and other groups protected from discrimination.
The Law EEO Plans Cal. Title 5 53003 requires: Adoption of a written Equal Employment Opportunity (EEO) Plan Review of the plan at least every 3 years Annual written notice to community-based & professional orgs concerning the plan and need for assistance in identifying qualified applicants Data collection and review
The Law EEO Advisory Committees Title 5 53005: Each community college district shall establish an EEO Advisory Committee to assist the district in developing and implementing the EEO plan.
The Law Data Analysis Cal. Title 5 53003(c)(6) Longitudinal analysis of the district s employees and applicants, 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.
Additional Measures Where [district data 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 the significantly underrepresented group. - Section 53006
Government Code Section 11139.6 Recruitment and Outreach Programs The legislature finds that the California Constitution does not prevent governmental agencies from engaging in inclusive public sector outreach and recruitment programs that may include focused outreach and recruitment of minority groups and women if any group is underrepresented including: Advertising/Job Announcements In Media that provide information in languages other than English and whose primary audience is residents of minority and low-income communities. Job Fairs, Events Drawing Significant Participation By Minorities/Women/economically disadvantaged Other measures are listed, but list is not exclusive
Hit the Reset Button Notwithstanding any other provision in this division, 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 a screening committee. This includes the right to reject all candidates and to order further review by the screening committee or to reopen the position where necessary to further achievement of the objectives of the equal employment opportunity plan or to ensure equal employment opportunity. - Section 53024(f)
Prop. 209