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authority—should indicate who receives and analyzes this information, and how screening and interview committees are shielded from receiving this information. Districts should also reference this information in job announcements and other materials that describe their hiring procedures to applicants and the community. It is important to note that the Chancellor’s Office suggested in its June 17, 2016 Legal Opinion on EEO that it is permissible for community colleges to provide selection committees with race and gender data regarding the composition of the workforce or department in which the search committee is considering applications, as well as with respect to the applicants for the position. However, the Chancellor’s Office correctly noted that there is risk involved in sharing demographic data with selection committees and recommends consulting with legal counsel before doing so.228 Liebert Cassidy Whitmore’s general recommendation is to find opportunities not directly linked to a specific hiring process to share such data broadly within the college community. Despite the changes to the request for ethnic identity, we still expect that some applicants or employees will decline to answer the revised question. If this occurs, in accordance with the Chancellor’s Office’s guidance, we strongly recommend that districts do not take any steps to compel individuals to answer the question, including imposing discipline (or declining an application for employment.) If they have not already, districts are advised to begin using this revised request for ethnic identity with all new applicants immediately. Districts are not required to resurvey their current employees using this new questionnaire, but they may do so if they choose. 2. Identifying Employees with Disabilities As district human resources staff are well aware, under the expansive definition of “disability” under California’s Fair Employment and Housing Act, and the ADA Amendments, districts are required to recognize and accommodate a wide range of medical conditions that impair an employee’s ability to perform the essential functions of the job. Given the significant time and resources that districts now put into the interactive process and disability accommodations, we suggest that districts make sure to factor this into their data analysis. Districts should track, and count among their disabled hires and employees, any employee who is receiving disability accommodations. 3. Identifying Job Categories As noted above, districts are required to report the ethnic and gender breakdown of employees and applicants within specified job categories. The Model Plan makes two additional suggestions regarding how districts categorize jobs for the survey. First, as noted above, the Model Plan recommends separating part-time and full-time faculty. Second, it recommends breaking down the full-time faculty category by major disciplines, departments or supervisory area. 229 Further, in doing so it recommends utilizing the categories the Chancellor’s Office used in its last availability data report, “and will likely use in its next report.” 230 With respect to distinguishing part-time and full-time faculty, we note that while this is not required, doing so will help districts comply with their obligations under the Education Code. 231 These sections require districts to track their progress in achieving the desired ratio of full-time to part-time faculty, while ensuring equal employment opportunity; and to report on this progress

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