Cal. Code Regs. tit. 5 § 53001

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 53001 - Definitions

As used in this subchapter:

(a) "Adverse impact" means a disproportionate negative impact to a group protected from discrimination pursuant to Government Code section 12940, arising from the effects of an employment practice as determined according to a valid statistical measure (such as those outlined in the Equal Employment Opportunity Commission's "Uniform Guidelines on Employee Selection Procedures").

(b) "Diversity" means a condition of broad inclusion in an employment environment that offers equal employment opportunity for all persons. The achievement of diversity within a workforce requires the presence, respectful treatment, and inclusion of individuals from a wide range of ethnic, racial, age, national origin, religious, gender, gender identity, sexual orientation, disability and socio-economic backgrounds, in all aspects of the workplace.

(c) "Equal employment opportunity" ("EEO") means that all qualified individuals have a full and fair opportunity to compete for hiring and promotion and to enjoy the benefits of employment with the district. Equal employment opportunity should exist at all levels, in all job categories. Equal employment opportunity also involves:

(1) identifying and eliminating barriers to employment that are not job related, such as reliance on preferred job qualifications that do not reasonably predict job performance;

(2) updating job descriptions and/or job announcements to reflect accurately the knowledge, skills and abilities of the position, including a commitment to equity; and

(3) creating an environment which fosters cooperation, acceptance, democracy, and free expression of ideas, and is welcoming to all persons free from discrimination related to the categories protected by Government Code section 12940.

(d) An "equal employment opportunity plan" ("EEO plan") is a written document that describes a district's EEO program. A district's EEO plan shall include:

1) analysis of the district's work force; and

2) descriptions of the district's program and strategies, informed by the district's work force analysis, that it is implementing or will implement, to promote equal employment opportunity.

(e) An "equal employment opportunity program" refers to the combination of district strategies implemented to promote equal employment opportunity. Such programs should be informed by a district's longitudinal workforce and applicant analyses.

(f) "In-house or promotional only" hiring means that only existing district employees are eligible for a position.

(g) "Job categories" includes executive/administrative/managerial, faculty and other instructional staff, professional non-faculty, secretarial/clerical, technical and paraprofessional, skilled crafts, and service and maintenance.

(h) "Monitored group" means the groups for which districts must provide demographic data pursuant to section 53004.

(i) "Person with a disability" means any person who:

(1) has a physical or mental impairment as defined in Government Code section 12926 which limits one or more of such person's major life activities;

(2) has a record of such an impairment; or

(3) is regarded as having such an impairment.

A person with a disability is "limited" if the condition makes the achievement of the major life activity difficult.

(j) "Reasonable accommodation" means the efforts made by the district in compliance with Government Code section 12926.

(k) "Screening or selection procedure" means any measure, combination of measures, or procedure used as a basis for any employment decision. Selection procedures include the full range of assessment techniques, including performance tests, physical, educational, and work experience requirements, interviews, application reviews, reference checks, and similar techniques. Screening and selection procedures shall also include consideration of equivalencies pursuant to section 53430.

(l) "Underrepresented group" means any monitored group for which the percentage of persons from that group employed by the district in a job category is below eighty percent (80%) of the projected representation for that group and job category.

Cal. Code Regs. Tit. 5, § 53001

1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of subsections (a), (b)(1)-(b)-(3), (c), (k) and (m) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of subsections (a), (b), (e), (f), (h), (j) and (m), new subsections (m)(1)-(q)(3), and amendment of NOTE filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
4. Amendment of section and NOTE filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
5. Amendment of subsection (b) and amendment of NOTE filed 11-5-2003; operative 12-5-2003. Submitted to OAL for printing only (Register 2003, No. 46).
6. Amendment of section and NOTE filed 9-19-2013; operative 10-19-2013. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2013, No. 38).
7. Change without regulatory effect amending NOTE filed 2-2-2018; operative 2-2-2018. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2018, No. 8).
8. Repealer and new section filed 9-20-2022; operative 10-20-2022. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2022, No. 40).

Note: Authority cited: Sections 66271.1, 66700, 70901 and 87105, Education Code. Reference: Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; Sections 11135, 11136, 11137, 11139, 11139.8, 11092 and 12926, Government Code; Title 29, Code of Federal Regulations Sections 1602.48 and 1607; Title 29, United States Code Section 793; and Title 41, Code of Federal Regulations Section 60-741.2.

1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of subsections (a), (b)(1)-(b)-(3), (c), (k) and (m) filed 9-6-94; operative 10-6-94. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 94, No. 38).
3. Amendment of subsections (a), (b), (e), (f), (h), (j) and (m), new subsections (m)(1)-(q)(3), and amendment of Note filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
4. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
5. Amendment of subsection (b) and amendment of Note filed 11-5-2003; operative 12-5-2003. Submitted to OAL for printing only (Register 2003, No. 46).
6. Amendment of section and Note filed 9-19-2013; operative 10-19-2013. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2013, No. 38).
7. Change without regulatory effect amending Note filed 2-2-2018; operative 2-2-2018. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2018, No. 8).
8. Repealer and new section filed 9-20-2022; operative 10/20/2022. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2022, No. 40).