The following training is required by Title 5 53003

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The following training is required by Title 5
53003

• Any organization or individual, whether or not an
  employee of the district, who is involved in the
  recruitment and screening/selection of personnel
  shall receive appropriate training on the
  requirements of the title 5 regulations on equal
  employment opportunity (section 53000 et. seq.)
  the requirements of federal and state
  nondiscrimination laws the requirements of the
  districts Equal Employment Opportunity Plan the
  districts policies on nondiscrimination,
  recruitment, and hiring principles of diversity
  and cultural proficiency the value of a diverse
  workforce and recognizing bias.

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Discrimination The Hiring Process

• 1. Principles of diversity
• 2. Cultural proficiency
• 3. The non-biased committee member
• 4. Valuing a diverse workforce
• 5. EEO Plan
• 6. Federal and State of California laws

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1. Principles of diversity

• An understanding and appreciation of diverse
  peoples, cultures, and perspectives informs the
  intellectual framework on which our institutional
  mission is based. The College is committed to
  demonstrating that respect of differences among
  people is a prerequisite to achieving
  institutional excellence.

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(1.) Filing a Complaint

• If any person feels that they or someone they
  know has been discriminated against, a complaint
  may be filed.
• Either an informal or formal complaint may be
  filed with the District Compliance Officer. An
  informal complaint is oral or via email.
• The formal written complaint form is provided by
  the Chancellors Office.

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2. Cultural proficiency

• The policies and practices at the organizational
  level, and values and behaviors at the individual
  level, that enable effective cross-cultural
  interactions among students, employees, and
  community.

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(2.) Cultural proficiency

• Awareness of the limitations of ones skills or
  an organizations practices when interacting with
  other cultural groups
• Awareness of entitlement

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(2.) Cultural proficiencyCultural Blindness

• Acting as if the cultural differences one sees
  do not matter or not recognizing that there are
  differences among and between cultures

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(2.) Cultural proficiencyCultural Competence

• Interacting with other cultural groups using the
  five essential elements of cultural proficiency
  as the standard for individual behavior and
  school practices
• acceptance and respect for differences,
• ongoing assessment of ones own and the
  organizations culture
• attention to the dynamics of difference
• continuous expansion of cultural knowledge and
  resources
• adaptation of ones values and behaviors and the
  organizations policies and practices

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(2.) Culturally Proficient Behavior

• Manage the Dynamics of Difference (Frame the
  Conflicts)
• Learn effective strategies for resolving conflict
  among people whose cultural backgrounds and
  values may be different from yours
• Understand the effect that historic distrust has
  on present day interactions
• Realize that you may misjudge others actions
  based on learned expectations

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(2.) Culturally Proficient Behavior

• Adapt to Diversity (Change for Diversity)
• Change the way things are done to acknowledge the
  differences that are present in staff and
  community
• Develop skills for cross-cultural communication
• Institutionalize cultural interventions for
  conflicts and confusion caused by the dynamics of
  difference

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3. The Non-Biased Committee Member

• Attitude
• Takes the idea of equity seriously, does not put
  down other groups or joke about their abilities,
  characteristics, and roles.
• Language
• Uses non biased language regarding race, gender
  does not refer to groups in stereotypical manner
  does not use he to refer to both genders.
• Generalizations
• Avoids generalizations that refer to gender,
  race, ethnicity or other stereotypical groups.

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(3.) The non-biased committee member

• Facts
• Uses factual knowledge about current economic and
  legal status of men and women in minority groups
• Acquires factual knowledge and has a personal
  commitment to reflect diversity in all content
  areas.
• Values
• Believes and models that all people can express
  their views
• Does not make assumption about what a particular
  group believes or is able to do.

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(3.) The non-biased committee member

• Behaviors
• Avoids comparisons of teachers or students based
  on race, ethnicity, socioeconomic status and
  gender
• Models and appreciates diversity in all forms
• Publicly acknowledges the appropriateness of a
  wide range of career choices, interests and roles
  for all groups.

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4. Valuing a Diverse Workforce

• Diversity is all about the unique ways we differ
  as people, and the value those differences bring
  to our workplace and our classrooms. Some of our
  differences are physical, such as nationality,
  gender, race and age. But we also share less
  visible differences such as culture, personal
  values, and religious beliefs. Valuing diversity
  means appreciating our individualism and behaving
  in such a way that we also respect each other's
  differences.

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(4.) Valuing a diverse workforce

• A diverse workforce can be one of our greatest
  assets. Beyond recruitment and hiring, we must
  focus on retention and motivation of the diverse
  workforce we worked so hard to employ. For
  minority employees, the missing piece is often a
  strong sense of self and an appreciation for who
  they are and what they offer.

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(4.) Valuing a diverse workforce

• Diversity lays the foundation for the
  transformational work that must be done first
  with every member of our college community. First
  of all, the members of the majority
  culture---that is generally white, upper middle
  class---must understand the reason why managing
  diversity is in the colleges best interest.

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(4.) Valuing a diverse workforce

• Then, they must develop some empathy for what it
  truly is like for members of the minority
  culture. Only after that inside out work is
  accomplished will a managing diversity program be
  effective.

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5. EEO Plan

• The Sonoma County Junior College District is
  committed to the principles of equal employment
  opportunity and will implement a comprehensive
  program to put those principles into practice.

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(5.) EEO plan

• It is the districts policy to ensure that all
  qualified applicants for employment and employees
  have full and equal access to employment
  opportunity, and are not subjected to
  discrimination in any program or activity of the
  district on the basis of ethnic group
  identification, race, color, national origin,
  religion, age, gender, sexual minorities,
  disability, ancestry, sexual orientation,
  language, accent, citizenship status,
  transgender, parental status, marital status,
  economic status, veteran status, medical
  condition, or on the basis of these perceived
  characteristics.

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(5.) EEO plan

• The district will strive to achieve a workforce
  that is welcoming to men, women, persons with
  disabilities and individuals from all ethnic and
  other groups to ensure the district provides an
  inclusive educational and employment environment.
  Such an environment fosters cooperation,
  acceptance, democracy and free expression of
  ideas.

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(5.) EEO plan

• Delegation of Responsibility, Authority and
  Compliance
• The governing board is ultimately responsible
  for proper implementation of the Districts Plan
  at all levels of district and college operation,
  and for ensuring equal employment opportunity as
  described in the Plan.
• The governing board delegates to the chief
  executive officer the responsibility for ongoing
  implementation of the Plan and for providing
  leadership in supporting the Districts equal
  employment opportunity policies and procedures.

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(5.) EEO Plan

• The district has designated the District
  Compliance Officer as its equal employment
  opportunity officer who is responsible for the
  day-to-day implementation of the Plan.
• The equal employment opportunity officer is
  responsible for assuring compliance with the
  requirements of title 5, sections 53000 et seq.
  and is also responsible for receiving complaints
  and for ensuring that applicant pools and
  selection procedures are properly monitored.

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6. Federal And State of California Laws

• Both Federal (6.a) and State of California (6.b)
  laws define and specify the areas of
  discrimination and bias that are prohibited in
  the hiring process, and the prohibitions and
  sanctions for non-compliance with these laws.

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(6.a) Federal Laws

• The Civil Rights Act of 1964 (Title VII)
• The Age Discrimination in Employment Act of 1967
  (ADEA)
• Americans with Disabilities Act of 1990 (ADA)

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(6.a) The Civil Rights Act of 1964 (Title VII)

• Title VII prohibits not only intentional
  discrimination, but also practices that have the
  effect of discriminating against individuals
  because of their race, color, national origin,
  religion, or sex. It is illegal to discriminate
  in any aspect of employment, including
• Employment decisions based on stereotypes or
  assumptions about the abilities, traits, or
  performance of individuals of a certain sex,
  race, age, religion, or ethnic group, or
  individuals with disabilities and

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(6.a) The Civil Rights Act of 1964 (Title VII)

• It is illegal to deny employment opportunities to
  a person because of marriage to, or association
  with, an individual of a particular race,
  religion, national origin, or an individual with
  a disability. Title VII also prohibits
  discrimination because of participation in
  schools or places of worship associated with a
  particular racial, ethnic, or religious group.

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(6.a) The Age Discrimination in Employment Act
of 1967 (ADEA)

• Statements or specifications in job notices or
  advertisements of age preference and limitations.
  An age limit may only be specified in the rare
  circumstance where age has been proven to be a
  bona fide occupational qualification (BFOQ)
• Denial of benefits to older employees. An
  employer may reduce benefits based on age only if
  the cost of providing the reduced benefits to
  older workers is the same as the cost of
  providing benefits to younger workers.

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(6.a) Americans with Disabilities Act of 1990
(ADA)

• The ADA prohibits discrimination on the basis of
  disability in all employment practices. It is
  necessary to understand several important ADA
  definitions to know who is protected by the law
  and what constitutes illegal discrimination.
• An individual with a disability
• A qualified employee or applicant with a
  disability
• Reasonable accommodation

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(6.a) Americans with Disabilities Act of 1990
(ADA)

• An individual with a disability under the ADA is
  a person who has a physical or mental impairment
  that substantially limits one or more major life
  activities, has a record of such an impairment,
  or is regarded as having such an impairment.
  Major life activities are activities that an
  average person can perform with little or no
  difficulty such as walking, breathing, seeing,
  hearing, speaking, learning, and working.

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(6.a) Americans with Disabilities Act of 1990
(ADA)

• A qualified employee or applicant with a
  disability is someone who satisfies skill,
  experience, education, and other job-related
  requirements of the position held or desired, and
  who, with or without reasonable accommodation,
  can perform the essential functions of that
  position.

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(6.a) Americans with Disabilities Act of 1990
(ADA)

• Reasonable accommodation may include, but is not
  limited to, making existing facilities used by
  employees readily accessible to and usable by
  persons with disabilities job restructuring
  modification of work schedules providing
  additional unpaid leave reassignment to a vacant
  position acquiring or modifying equipment or
  devices adjusting or modifying examinations,
  training materials, or policies and providing
  qualified readers or interpreters.

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(6.a) Americans with Disabilities Act of 1990
(ADA)

• Reasonable accommodation may be necessary to
  apply for a job, to perform job functions, or to
  enjoy the benefits and privileges of employment
  that are enjoyed by people without disabilities.
  An employer is not required to lower production
  standards to make an accommodation. An employer
  generally is not obligated to provide personal
  use items such as eyeglasses or hearing aids.

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(6.a) Americans with Disabilities Act of 1990
(ADA)

• An employer is required to make a reasonable
  accommodation to a qualified individual with a
  disability unless doing so would impose an undue
  hardship on the operation of the employer's
  business. Undue hardship means an action that
  requires significant difficulty or expense when
  considered in relation to factors such as a
  business' size, financial resources, and the
  nature and structure of its operation.

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(6.a) Americans with Disabilities Act of 1990
(ADA)

• Before making an offer of employment, an employer
  may not ask job applicants about the existence,
  nature, or severity of a disability. Applicants
  may be asked about their ability to perform job
  functions. A job offer may be conditioned on the
  results of a medical examination, but only if the
  examination is required for all entering
  employees in the same job category.

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(6.b) State of California laws

• The Fair Employment and Housing Act (FEHA) (Gov.
  Code 12900-12996)
• Unruh Civil Rights Act (Civ. Code 51)
• The Ralph Act (Civ. Code 51.7)
• Title 5, 59300 California Code of Regulations
• Education Code Section 220

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(6.b) The Fair Employment and Housing Act (FEHA)

• The FEHA bans employment discrimination on the
  bases of age (40 and over), ancestry, color,
  religious creed, disability (mental and physical)
  including HIV and AIDS, marital status, medical
  condition (cancer and genetic characteristics),
  national origin, race, sex, and sexual
  orientation. The FEHA covers California employers
  with five or more employees.

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(6.b) Unruh Civil Rights Act

• The Unruh Civil Rights Act guarantees access,
  services and accommodations free of arbitrary
  discrimination in all business establishments.

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(6.b) The Ralph Act

• The Ralph Civil Rights Act protects all persons
  from violence and intimidation by threats of
  violence based on their age, ancestry, color,
  disability, national origin, political
  affiliation, race, religion, sex, sexual
  orientation, or position in a labor dispute.

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(6.b) Title 5 59300, California Code of
Regulations

• "... no person in the State of California shall,
  on the basis of ethnic group identification,
  national origin, religion, age, sex, race, color,
  ancestry, sexual orientation, or physical or
  mental disability, or on the basis of these
  perceived characteristics or based on association
  with a person or group with one or more of these
  actual or perceived characteristics, be
  unlawfully denied full and equal access to the
  benefits of, or be unlawfully subjected to
  discrimination under any program or activity that
  is administered by, funded directly by, or that
  receives any financial assistance from, the
  Chancellor or Board of Governors of the
  California Community Colleges."

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(6.b) Education Code Section 220

• No person shall be subjected to discrimination on
  the basis of sex, ethnic group identification,
  race, national origin, religion,color, mental or
  physical disability, or any actual or perceived
  characteristic that is contained in the
  definition of hate crimes set forth in Section
  422.55 of the Penal Code in any program or
  activity conducted by an educational institution
  that receives, or benefits from, state financial
  assistance or enrolls pupils who receive state
  student financial aid.

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Q What does SRJC do to insure fairness in the
hiring process while respectingdiversity?

• A SRJC makes good faith efforts to remove
  identified barriers, expand employment
  opportunities, and train hiring committees on
  strategies to avoid bias. Good faith efforts
  include broad advertising of job openings
  supplemental inclusive outreach efforts to ensure
  that all qualified candidates, including
  minorities and women, are represented in
  applicant pools and careful monitoring of
  outreach, recruitment, search and selection
  practices to ensure that equal opportunity is
  provided at every stage of these processes.

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Q Will good faith efforts lead to preferences in
hiring?

• A No. According to the Federal regulations and
  the California Constitution, placement goals do
  not create job set-asides for specific groups,
  nor are they intended to achieve proportional
  representation or equal results.