Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

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. In other words, 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.

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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.”

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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.

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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

in the EEO Plan itself. By distinguishing between part-time and full-time faculty in the annual

survey, and referencing the results in this component of the EEO Plan, districts will satisfy these

statutory requirements.

With respect to breaking down the full-time faculty category, districts should balance the need to

create EEO Plans that are effective tools for diversification with the need to create EEO Plans

that are workable and afford flexibility. If breaking down the full-time faculty category will

likely provide information that is useful to the district in developing effective recruitment

strategies or getting particular disciplines or departments to recognize the need for

diversification, then further breakdown should be considered. However, districts that do not

have an apparent need for this level of precision in the data should weigh its benefits against the

additional effort involved in gathering and tracking data by these subcategories.

k. Model Plan Components 11,13 & 15

For readers who are tracking the

Model Plan

in developing current EEO Plans, we note that the

“old” components 11, 13 and 15 no longer exist. Components 11and 13 are those that relied on

availability data to implement pool certification processes. As discussed above, neither

availability data nor pool certification are part of the revised regulations.

The Chancellor’s Office’s June 2016 Legal Opinion emphasizes districts' obligation to collect,

analyze and utilize longitudinal data regarding hiring of monitored groups.

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It also discusses

districts' continued obligation under the revised regulations to conduct statistical analyses