CALIFORNIA COMMUNITY COLLEGES
CHANCELLOR’S OFFICE
STATE & FEDERAL LAWS
AND
EDUCATION BENEFITS OF DIVERSITY
January 20, 2016 Training:
Board of Governors
& Chancellor Search Screening Committee
By: Thuy Thi Nguyen, Interim General Counsel
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.
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)


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)



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)



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.
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
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 § 53024.1:
Establishing and maintaining a richly diverse
workforce is an on-going process that requires
continued institutionalized effort.
– “Richly Diverse Workforce”
– “Ongoing”
– “Institutionalized”
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.
Diversity Benefits Students
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): 2567-2591.
For Team Effectiveness
The Law – Rejecting the Finalists
California Title 5 § 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
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 53006 and to
implement and evaluate the effectiveness of
those measures.
Prop. 209
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
Two Sides of the Same Coin
Nondiscrimination
Laws Prohibit
Discrimination
EEO Laws
Promote
Inclusion