C ALIFORNIA C OMMUNITY C OLLEGES C HANCELLOR ’ S O FFICE Equal Employment Opportunity & Equity in Faculty Hiring Regional Trainings January 8, Moorpark College January 14, MiraCosta College January 25, North Orange County CCD January 29, Chabot College February 10, Clovis College February 16, Yuba College February 19, Los Angeles CCD

C ALIFORNIA C OMMUNITY C OLLEGES C HANCELLOR ’ S O FFICE S TATE & F EDERAL L AWS By: Legal Affairs Division, CCCCO Thuy Thi Nguyen, Interim General Counsel Jake Knapp, Deputy Counsel Peter V. Khang, Deputy Counsel

Under-Represented Minority* Percentages by Student and Employee Types Fall Terms FIRST-TIME HIRES

Under-Represented Minority* Percentages by Student and Employee Types Fall Terms 2005 – 2014 TOTAL

Non-Whites* Percentages by Student and Employee Types Fall Terms 2005 – 2014 TOTAL

Chancellor’s Office Initiatives 1. Professional development: 3 Webinars; the November 2015 Summits; and Regional trainings 2. Funding (re)allocation: Multiple Methods 3. Peer review of EEO: Equal Employment Opportunity) plans 4. Building the pipeline: “AA to MA Faculty Diversity Pathway”

Prop. 209 Federal Law: Civil Rights Act/ Title VII District/College Mission Accreditation CA Ed. Code & Title 5 Executive Orders Prop. 209 Federal Regs & Grants

Two Sides of the Same Coin Nondiscrimination Laws Prohibit Discrimination EEO Laws Promote Inclusion

Federal Nondiscrimination Laws A sample of Federal nondiscrimination laws:  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 Civil Rights Act of 1964 (Title VII) 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. n 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 Age discrimination involves treating someone (an applicant or employee) less favorably because of his or her age. n The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. n 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 The ADA prohibits discrimination on the basis of disability in all employment practices. n 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. n “Reasonable accommodation” includes modification or adjustments that enable disabled employees to perform essential job functions.

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 § "... 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 Education Code § 87100: “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.”

The Law California Title 5 § : 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 Plans California Title 5 § 53003: Board 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 California 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 – Screening Committees California Title 5 § 53003(c): 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. )(4)

Studies prove the educational benefits of a diverse faculty. Closing achievement gaps by 20-50% Fairlie, R. W., Hoffman, F., Oreopoulos, P. (2014). A Community College Instructor Like Me: Race and Ethnicity Interactions in the Classroom. American Economic Review, 104(8): Diversity Benefits Students

21 For Team Effectiveness _diversity_matters

The Law – Rejecting the Finalists California Title 5 § 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 EEO plan or to ensure equal employment opportunity.

The Law – Data Analysis California 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 and to implement and evaluate the effectiveness of those measures.

Additional Measures California Title 5 § 53006: 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.”

Government Code Section 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

Prop. 209 Federal Law: Civil Rights Act/ Title VII District/College Mission Accreditation CA Ed. Code & Title 5 Executive Orders Prop. 209 Federal Regs & Grants