Article 4 - Equal Employment Opportunity Hiring

California Education Code — §§ 87100-87108

Sections (8)

Amended by Stats. 2004, Ch. 788, Sec. 6. Effective January 1, 2005.

(a)The Legislature finds and declares all of the following:

(1)In fulfilling its mission within California’s system of public higher education, the California Community Colleges are committed to academic excellence and to providing all students with the opportunity to succeed in their chosen educational pursuits.

(2)Academic excellence can best be sustained in a climate of acceptance and with the inclusion of persons from a wide variety of backgrounds and preparations to provide service to an increasingly diverse student population.

(3)A work force that is continually responsive to the needs of a diverse student population 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.

(b)It is the intent of the Legislature to establish and maintain within the California Community College districts a policy of equal opportunity in employment for all persons, and to prohibit discrimination or preferential treatment based on ethnic group identification, or on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every aspect of personnel policy and practice in the community college districts should advance the realization of inclusion through a continuing program of equal employment opportunity.

(c)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. The Legislature declares that efforts must also be made to build a community in which nondiscrimination and equal opportunity are realized. 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.

§ 87101

Repealed and added by Stats. 2002, Ch. 1169, Sec. 2. Effective January 1, 2003.

For the purposes of this article:

(a)“Equal employment opportunity” means that all qualified individuals have a full and fair opportunity to compete for hiring and promotion and fully enjoy the benefits of employment by a community college district. Ensuring equal employment opportunity is advanced in an inclusive environment that fosters cooperation, acceptance, democracy, and the free expression of ideas. An inclusive environment is welcoming to men and women, persons with disabilities, individuals from all ethnic groups, and individuals from all other groups protected from discrimination by this article.

(b)“Equal employment opportunity plan” means a document that includes specific procedures for achieving equal employment opportunity.

(c)“Equal employment opportunity program” means all the various methods by which equal employment opportunity is ensured. These methods include, but are not necessarily limited to, actively recruiting, using nondiscriminatory employment practices, and monitoring employment practices to ensure equality of opportunity. Each district employer shall commit to sustained action to devise recruiting, training, and advancement opportunities that will result in equal employment opportunities for all qualified applicants and employees.

§ 87102

Amended by Stats. 2023, Ch. 50, Sec. 11. (SB 117) Effective July 10, 2023.

(a)As a condition for the receipt of funds pursuant to Section 87107, the governing board of the community college district that opts to participate under the article shall periodically submit to the board of governors an affirmation of compliance with this article, and, to promote faculty diversity, commencing with the 2023–24 academic year, shall implement strategies from the Multiple Methods identified by the office of the Chancellor of the California Community Colleges. Each participating community college

district’s equal employment opportunity program shall ensure participation in, and commitment to, the program by community college district personnel. Each participating community college district’s equal employment opportunity plan shall include steps that the community college district will take to eliminate improper discrimination or preferences in its hiring and employment practices. Each plan shall address how the

community college district will make progress in achieving the ratio of full-time to part-time faculty hiring, as indicated in Section 87482.6, while still ensuring equal employment opportunity.

(b)Each participating community college district’s equal employment opportunity plan is a public record within the meaning of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(c)To ensure compliance and consistency in the implementation of this article, on or before January 1, 2024, the chancellor’s office shall create a process to verify each participating community college district’s

proper implementation of strategies from the Multiple Methods identified by the chancellor’s office to promote faculty diversity under the community college district’s equal employment opportunity plan.

(d)The chancellor’s office shall, on or before April 1, 2024, implement a policy to regularly determine the most effective and feasible best practices for participating community college districts to promote faculty diversity under their equal employment opportunity plans. The chancellor’s office shall update the Multiple Methods strategies to include the selected best practices for purposes of evaluating each participating community college district’s equal employment opportunity plan once every three years.

§ 87103

Amended by Stats. 2023, Ch. 50, Sec. 12. (SB 117) Effective July 10, 2023.

(a)The board of governors shall render assistance in developing and implementing equal employment opportunity programs in the community college districts.

(b)To ensure that participating community college districts perform analyses necessary to identify and determine the causes of any underrepresentation in the faculty they hire, the office of the Chancellor of the California Community Colleges shall, on or before October 1, 2023, implement a policy to verify that community college districts conduct the demographic analyses of their

employment processes as required in Section 53023 of Title 5 of the California Code of Regulations.

§ 87105

Repealed and added by Stats. 2002, Ch. 1169, Sec. 2. Effective January 1, 2003.

The board of governors shall adopt all necessary regulations to carry out the intent of this article and to ensure that each participating community college district implements processes for ensuring equal employment opportunities. Nothing in this act shall be construed to require any community college to incur any costs in excess of the funds allocated by the state for the purposes of this act.

§ 87106

Repealed and added by Stats. 2002, Ch. 1169, Sec. 2. Effective January 1, 2003.

(a)The board of governors shall develop systemwide strategies for encouraging community college students to become qualified for, and seek, employment as community college faculty or administrators.

(b)The board of governors shall develop and disseminate to community college districts a model equal employment opportunity plan that accomplishes at least all of the following:

(1)Compliance with the regulations adopted by the board of governors to implement this article.

(2)Compliance with the other applicable state and federal nondiscrimination statutes.

(3)Implementation of the best practices for improving the equality of opportunity.

(4)Encouragement of districts to take steps reasonably calculated to inform their students about the opportunity to participate in the Graduate Assumption Program of Loans for Education authorized by Article 5.5 (commencing with Section 69618) of Chapter 2 of Part 42 and to participate in other programs developed by the board of governors pursuant to subdivision (a).

§ 87107

Repealed and added by Stats. 2002, Ch. 1169, Sec. 2. Effective January 1, 2003.

In order to support the activities required and authorized by this article, the Employment Opportunity Fund is hereby established. The fund shall include moneys appropriated in the annual Budget Act or provided, pursuant to Section 87482.7, through transfer. The moneys in the fund shall be administered by the board of governors for the purpose of promoting equal employment opportunities in hiring and promotion at community college districts.

§ 87108

Added by Stats. 2002, Ch. 1169, Sec. 2. Effective January 1, 2003.

(a)The board of governors shall adopt regulations for the use of the fund. Those uses may include, but need not be limited to, all of the following:

(1)Activities designed to encourage community college students to become qualified for, and seek, employment as community college faculty or administrators.

(2)Outreach and recruitment.

(3)In-service training on equal employment opportunities.

(4)Accommodations for applicants and employees with disabilities.

(5)Activities to promote equal employment opportunities and implement the requirements of this article.

(b)The Board of Governors of the California Community Colleges may use not more than 25 percent of the revenues in the fund to provide technical assistance, service, monitoring, and compliance functions. Service functions under this subdivision may include, but are not necessarily limited to, the provision of a clearinghouse for advertising community college district job opportunities and for allowing persons seeking jobs to make known their interest in community college employment. This clearinghouse shall include a special emphasis on faculty internship employment opportunities and on reaching students who are qualified for faculty internship programs. The remaining balance in the fund may be allocated to the individual community college districts as prescribed by the board of governors.