Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

In Connerly v. State Personnel Board , 150 the California Supreme Court applied “Prop. 209” to the hiring and recruitment regulations for the community colleges and declared them unconstitutional. The Board of Governors responded in 2002 with amended regulations that continued to require districts to engage in proactive recruitment and hiring procedures designed to identify and correct the underrepresentation of women, minorities and disabled individuals in employment— but now without expressly considering the race, sex, color ethnicity or national origin of any candidate. These new regulations included the requirement that community college districts develop Equal Employment Opportunity Plans, defined as: “a written document in which a district’s work force is analyzed and specific plans and procedures are set forth ensuring equal employment opportunity.” 151 The revised regulations also modified—but did not eliminate—the requirement that districts analyze their initial and qualified applicant pools for underrepresentation, and reopen their searches where the analysis indicated adverse impact. Thus, while Prop. 209 invalidated traditional affirmative action programs; promoting diversity in the workplace remained a legal obligation for community colleges. Concerned that these 2002 regulations did not provide community colleges with adequate, lawful tools to promote diversity, the Chancellor’s Office, LCW and HR/EEO professionals in the community colleges began a five-year project to update the regulations. These new regulations became effective in October 2013. A. O VERVIEW OF L AWS AND R EGULATIONS G OVERNING R ECRUITMENT AND D IVERSITY The hiring process in community colleges is controlled by statutory and constitutional law, as well as a set of highly detailed regulatory procedures. In particular, human resources personnel who oversee hiring, administrators who collaborate with human resources in the hiring process, and screening and selection committees must be familiar with the following:

 Title VII of the Civil Rights Act of 1964 and its implementing regulations; 152

Title IX; 153

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 Article I, section 31 subdivision (a) of the California Constitution (Proposition 209); 154

 California Fair Employment and Housing Act; 155

 State Minimum Qualifications for Academic Staff; 156

 California Prohibition Against Discrimination in State Programs, including recent amendments identifying lawful hiring practices in the post-209 context; 157  California Education Code sections 70901 and 70902 (as participatory governance relates to development of EEO and hiring procedures).

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 54