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

 Education Code section 87360 subdivision (b) (regarding faculty consultation on hiring procedures);  The detailed Title 5 regulations for EEO Plan development 158 and recruiting and hiring procedures, 159 for both academic and classified hiring;  Your district’s EEO plan and programs, and your district’s hiring procedures, developed in conformance with the Title 5 regulations; and  Your district’s participatory governance policies, procedures and past practices.

Read together, these constitutional, statutory, regulatory and policy mandates create two competing legal obligations: the mandated commitment to diversity on the one hand, and the prohibition against discrimination on the other. The challenge for community colleges is navigating the narrow and sometimes elusive path that satisfies both these mandates. This challenge is well illustrated by the State Legislature’s response to Prop. 209, which exemplifies how difficult it is to carve out lawful hiring practices that will, nonetheless, assist colleges and other public employers achieve workforce diversity.

B. T HE P ROHIBITION A GAINST D ISCRIMINATION

1. T HE “P RE -P ROPOSITION 209” L ANDSCAPE Both federal and state law have long prohibited discrimination in hiring. Compliance with these statutes remains essential in any hiring process and the Title 5 regulations and Model Equal Employment Opportunity Plan and Guidelines published by the California Community Colleges Chancellor’s Office require that screening and selection committee participants be familiar with this area of law. a. Federal Law Federal law—constitutional and statutory—prohibit discrimination in hiring. In particular, community college personnel involved in the hiring process (including those sitting on screening and selection committees) should be familiar with Title VII, the Americans With Disabilities Act (“ADA”) and the Age Discrimination in Employment Act (“ADEA”). Hiring personnel and screening committees should also be aware that the gender equity requirements of Title IX of the Education Amendments of 1972 apply in the employment arena, as well as the student arena. 160 b. State Statutory Law California’s Fair Employment and Housing Act (FEHA), 161 like Title VII, prohibits discrimination in hiring. However, the two statutes are not identical. Government Code section 12940 subdivision (a) states, in part, that it is unlawful:

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 55