2007 California Education Code Article 4. Equal Employment Opportunity Hiring

CA Codes (edc:87100-87108)

87100.  (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.  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.  (a) As a condition for the receipt of funds pursuant to
Section 87107, the governing board of 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.  Each participating district's equal employment opportunity
program shall ensure participation in, and commitment to, the program
by district personnel.  Each participating district's equal
employment opportunity plan shall include steps that the district
will take in eliminating improper discrimination or preferences in
its hiring and employment practices.  Each plan shall address how the
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 district's equal employment opportunity
plan is a public record within the meaning of the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).



87103.  The board of governors shall render assistance in developing
and implementing equal employment opportunity programs in the
community college districts.



87105.  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.  (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.  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.  (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.