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§ 53001. Definitions.


Barclays Official California Code of Regulations Currentness
Title 5. Education
Division 6. California Community Colleges
Chapter 4. Employees
Subchapter 1. Equal Employment Opportunity Programs
Article 1. General
5 CCR § 53001
§ 53001. Definitions.
As used in this subchapter:
(a) Adverse Impact. “Adverse impact” means that a statistical measure (such as those outlined in the Equal Employment Opportunity Commission's “Uniform Guidelines on Employee Selection Procedures”) is applied to the effects of a selection procedure and demonstrates a disproportionate negative impact on any group protected from discrimination pursuant to Government Code section 12940. A disparity identified in a given selection process will not be considered to constitute adverse impact if the numbers involved are too small to permit a meaningful comparison.
(b) Diversity. “Diversity” means a condition of broad inclusion in an employment environment that offers equal employment opportunity for all persons. It requires both the presence, and the respectful treatment, of individuals from a wide range of ethnic, racial, age, national origin, religious, gender, sexual orientation, disability and socio-economic backgrounds.
(c) Equal Employment Opportunity. “Equal employment opportunity” 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 the seven job categories which include executive/administrative/managerial, faculty and other instructional staff, professional nonfaculty, secretarial/clerical, technical and paraprofessional, skilled crafts, and service and maintenance. Equal employment opportunity also involves:
(1) identifying and eliminating barriers to employment that are not job related; and
(2) creating an environment which fosters cooperation, acceptance, democracy, and free expression of ideas and is welcoming to men and women, persons with disabilities, and individuals from all ethnic and other groups protected from discrimination pursuant to Government Code section 12940.
(d) Equal Employment Opportunity Plan. An “equal employment opportunity plan” is a written document in which a district's work force is analyzed and specific plans and procedures are set forth for ensuring equal employment opportunity.
(e) Equal Employment Opportunity Programs. “Equal employment opportunity programs” means all the various methods by which equal employment opportunity is ensured. Such methods include, but are not limited to, using nondiscriminatory employment practices, actively recruiting, monitoring and taking additional steps consistent with the requirements of section 53006.
(f) Ethnic Group Identification. “Ethnic group identification” means an individual's identification in one or more of the ethnic groups reported to the Chancellor pursuant to section 53004. These groups shall be more specifically defined by the Chancellor consistent with state and federal law.
(g) In-house or Promotional Only Hiring. “In-house or promotional only” hiring means that only existing district employees are allowed to apply for a position.
(h) Monitored Group. “Monitored group” means those groups identified in section 53004(b) for which monitoring and reporting is required pursuant to section 53004(a).
(i) Person with a Disability. “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. “Reasonable accommodation” means the efforts made on the part of the district in compliance with Government Code section 12926.
(k) Screening or Selection Procedure. “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 but not limited to, traditional paper and pencil tests, performance tests, and physical, educational, and work experience requirements, interviews, and review of application forms.
(l) Significantly Underrepresented Group. “Significantly underrepresented group” means any monitored group for which the percentage of persons from that group employed by the district in any job category listed in section 53004(a) is below eighty percent (80%) of the projected representation for that group in the job category in question.
Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Statutes 1988, chapter 923, Section 4; Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; Sections 11135-11139.5, 11092 and 12926, Government Code; title 29 Code of Federal Regulations Sections 1602.48 and 1607; title 29 United States Code Section 793; 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).
This database is current through 2/9/18 Register 2018, No. 6
5 CCR § 53001, 5 CA ADC § 53001
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