State Personnel Board

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State Personnel BoardsAnnual Analysis of the
State Work Force Training

• Ted Edwards, Manager
• Office of Civil Rights
• [phone]

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State Civil Service WorkforceAs of June 30, 2003
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Are Employment Goals Legal?

• NO! - If based on race or gender.
• California Court of Appeal has ruled that
  employment goals violate the California
  Constitution, as amended by Proposition 209!
  Connerly v. State Personnel Board
• YES! - If based on disability.
• The court decision did not affect affirmative
  action for persons with disabilities.

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Proposition 209 added...

• Article I, Section 31(a), California State
  Constitution
• The state shall not discriminate against, or
  grant preferential treatment to, any individual
  or group on the basis of race, sex color,
  ethnicity, or national origin in the operation of
  public employment, public education or public
  contracting.

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Exceptions to Proposition 209

• Section 31(c) - bona fide qualifications based on
  sex necessary for the job.
• Section 31(d) - Court Ordered or Consent Decreed
  Preferences
• Section 31(e) - Actions taken to establish or
  maintain federal funding.

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Legal Obligation

• Must try to prevent discrimination from
  occurring
• Disparate Treatment (Intentional)
• Disparate Impact (Unintentional)
• Law requires employers to correct
  discriminatory employment practices as soon as
  possible after they are identified.

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Why do we need to Analyze the State Work Force?

• To be aware of the extend to which departments
  are providing equal employment opportunity.
• To identify significant underutilization problems
  which may indicate employment discrimination.
• To provide a basis for taking corrective action
  to eliminate illegal employment barriers.
• To monitor progress to achieve full equal
  employment opportunity.

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What is Equal Employment Opportunity?

• Equal Employment Opportunity means
• Having race, ethnic, gender, and disability
  neutral employment practices, where selection is
  based solely on job-related qualifications.

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What is Underutilization?

• Underutilization means
• having fewer persons of a particular group in
  an occupation or at a level in a department than
  would reasonably be expected by their
  availability

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How do we determine Availability?

• The U.S. Supreme Court has ruled that employers
  must use Relevant Labor Force data comparisons to
  determine availability...

California General Labor Force
Relevant Labor Force
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What is the Relevant Labor Force?...

• The Relevant Labor Force consist of the pool of
  individuals who possess the requisite
  qualifications for the job in the geographic area
  in which employers can reasonably expect to
  recruit...

General Labor Force
Relevant Labor Force
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How do we determine underutilization?

• Occupational State Work Force Representation is
  compared to Relevant Labor Force Representation
  using a three part analytical process
• (1) Work Force Analysis
• (2) Availability Analysis
• (3) Utilization Analysis

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The Work Force Analysis...

• Identify all departmental classes.
• Group classes into occupational groups.
• Determine relevant geographic recruitment areas
  for entry classes in occupational groups.
• Obtain work force composition info for classes in
  each occupational group, in relevant geographic
  areas.

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The Availability Analysis...

• Identify Relevant Labor Force data options
• (1) Occupational labor force or educational
  data from the Census or other appropriate
  source.
• (2) Qualified applicant pool data -Those
  meeting the class MQs from Census or Those
  with accepted applications in recent exams.
• Select the most appropriate available Relevant
  Labor Force data

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The Utilization Analysis...

• Compare State work force data with Relevant Labor
  Force availability data
• Determine whether there is a State
  underutilization (deficiency)
• Determine whether any deficiency is statistically
  significant.

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THE SPB DOES ALL THREE FOR YOU!1 Work Force
Analysis 2 Availability Analysis 3
Utilization Analysis
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Reports the SPB Prepares for State Departments...

• Number of Departmental Employees by Major
  Occupational Area and Class Report 3
• List of Occupational Groups within Major
  Occupational Area Report 1
• List of Classes within Occupational Groups
  Report 2 and 2a
• Occupational Groups with 50 or more employees by
  Department Report 4
• Representation of Employees with Disabilities by
  Department Report 5
• Utilization Reports by Occupational Group

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SPB Utilization Reports... Provide all the
pieces of information needed to identify
underutilization problems requiring follow-up
action!
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Partial Report
Follow-up Required
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When must Departments Take Follow-up Action?

• The SPB requires that follow-up action be taken
  whenever a race/ethnic or gender group has a
  statistically significant underutilization, at
  the .05 level of significance, within an
  occupational group.

p-P Z P(Q) Z or gt 1.65 (.05 Level of
Significance) n Z or gt 2.33 (.01 Level of
Significance)
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Required Follow-up Action

• Determine the cause of the underutilization
  problem.
• Review Bottom Line Reports for entry
  examinations for classes in the occupational
  group.
• Identify at what point in the selection or hiring
  process adverse action occurred.
• Explore the reason for the adverse impact
• If the cause is an illegal employment barrier,
  further follow-up is required.

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Presentation on Analyzing Bottom Line Reports

• By
• Shelley Langan, Manager
• Special Projects Unit
• State Personnel Board
• [phone]

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Types of Follow-up Action...

• Take Appropriate Follow-up Action.
• Conduct job analysis to determine job related
  requirements.
• Revise class specifications to remove
  non-job-related requirements.
• Revise recruitment plans to expand outreach
  efforts.
• Revise or replace written exam material that
  causes adverse impact.

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Types of Follow-up Actions -Contd...

• Validating examinations
• Ensuring that exam staff is trained.
• Ensuring non-discrimination policies are in place
  and managers informed.
• Providing diversity sensitivity training to
  managers and supervisors.

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Employment Goals for Persons with Disabilities

• Proposition 209 does not affect affirmative
  action efforts for persons with disabilities.
• There is still a statutory requirement for
  departments to set annual employment goals for
  persons with disabilities Government Code
  Section 19232.

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Employment Goals for Persons with Disabilities -
Contd...

• No relevant labor force data available.
• General Labor Force data from the U.S. Census
  Bureaus Survey of Income and Program
  Participation used.
• California labor force parity 11.4.
• Set one overall goal for the department, if below
  80 of parity (9.1).

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Employment Goals for Persons with Disabilities -
Contd...

• Base the goal on
• Size of the departmental deficiency
• Anticipated number of vacancies.
• Availability of qualified candidates
• Achieving 11.4 representation within a 10 year
  period

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What Does A Department Submit to the SPB?

• A transmittal letter signed by the Director or
  Directors Designee.
• SPB Form AAP02, Summary of Departmental Work
  Force Analysis indicating underutilization
  problems
• A copy of the Utilization Reports that indicate
  significant underutilization problems.
• An action plan to to identify and remedy problem
  areas.
• A summary of accomplishments and actions for the
  previous year to remedy problems.
• Employment goals for persons with disabilities.