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iii. Outreach to Maximize Diversity The regulations also require that hiring procedures “shall include outreach designed to ensure that all persons, including persons from monitored groups, are provided the opportunity to seek employment with the district.” However, as discussed below in the section regarding lawful hiring strategies, this dual obligation presents both a challenge and an opportunity. On the one hand, the law and regulations make clear that selection criteria must be “blind” to applicants’ race, gender, ethnicity, etc. Yet, districts are also expected to develop and implement selection procedures that have the effect of increasing the representation of “monitored groups.” And, while the terminology has changed, it is clear that “monitored group” refers to any group based on race, gender, ethnicity or other protected characteristics that are statistically underrepresented in that position at the district. In that regard, the Chancellor’s 2016 EEO Legal Opinion also makes clear that districts are expected to analyze their longitudinal hiring data for statistical evidence of any “significantly underrepresented groups” and develop measures to address that underrepresentation. 186 The conundrum is: how does one improve the representation of a particular group while remaining “blind” to it? iv. Pool Certification Because pool certification was a required component of community college hiring procedures for so long, we flag here that the 2013 update to the regulations has eliminated this requirement. v. Hiring Committee Training As discussed in Section 4 below, EEO Plans must include a component that addresses training for all employees involved in the hiring process. Also in Section 4, we provide essential substantive information that should be part of any comprehensive hiring committee training. D. D IVERSITY H IRING P URSUANT TO F EDERAL G RANTS We also note that Proposition 209 provides an exemption for community colleges that receive certain federal grants. Specifically, Prop. 209 provides that it shall not be interpreted “as prohibiting action which must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the State.” 187 “State” is defined to include community college districts. This exemption addresses districts operating under federal grants that require diversity planning. In this situation, the district is exempt from Prop. 209. Whether this exception is triggered is a fact-specific question and the Chancellor’s Office recommends that districts consult legal counsel regarding whether they are in fact a federal contractor, whether their current EEO plans are different from federal regulations, and whether there is a risk of legal challenge prior to relying on this exception.188

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