Equal Employment Opportunities

"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").

"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.

"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: 

Identifying and eliminating barriers to employment that are not job related, such as reliance on preferred job qualifications that do not predict job performance; updating job descriptions and/or job announcements to reflect accurately the knowledge, skills, and abilities of the position, including a commitment to equity; and 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.

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: analysis of the district's workforce; and 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.

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.

“Fair Employment and Housing Act (FEHA)” This California law prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, and/or retaliation for protesting illegal discrimination related to one of these categories. The California Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in employment which includes but may not be limited to an employee, unpaid intern, applicant, or a volunteer. FEHA specifically provides protection from harassment or discrimination in employment because of:  

• Race
• Color
• Religion (includes religious dress and grooming practices)
• Sex/gender (includes pregnancy, childbirth, breastfeeding and/or related medical conditions)
• Gender identity, gender expression
• Sexual orientation
• Marital status
• Medical Condition (genetic characteristics, cancer or a record or history of cancer)
• Military or veteran status
• National origin (includes language use and possession of a driver’s license issued to persons unable to prove their presence in the United States is authorized under federal law)
• Ancestry
• Disability (mental and physical, including HIV/AIDS, cancer, and genetic characteristics)
• Genetic information
• Request for family care leave
• Request for leave for an employee’s own serious health condition
• Request for Pregnancy Disability Leave
• Retaliation for reporting patient abuse in tax-supported institutions
• Age (over 40)

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

"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.

“LGBTQIA+” refers to lesbian, gay, bisexual, trans, queer/questioning, intersex, asexual, aromantic, two spirits inclusive of all individuals and their gender identities, gender expressions, and/or sexual orientation.

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

"Person with a disability" means any person who: 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; has a record of such an impairment; or 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.

“Race/Ethnic Categories”  

• Hispanic or Latino - A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race.
• White (Not Hispanic or Latino) - A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
• Black or African American (Not Hispanic or Latino) - A person having origins in any of the black racial groups of Africa.
• Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino) - A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
• Asian (Not Hispanic or Latino) - A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian Subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
• American Indian or Alaska Native (Not Hispanic or Latino) - A person having origins in any of the original peoples of North and South America (including Central America), and who maintain tribal affiliation or community attachment.
• Two or More Races – A person having origins in more than one race

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

"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.

“Sex harassment” is defined by FEHA on the basis of sex as including sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions.

“Sexual harassment” is unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. The following is a partial list of violations:  

• Unwanted sexual advances 

• Offering employment benefits in exchange for sexual favors 

• Making or threatening reprisals after a negative response to sexual advances 

• Visual conduct: leering, making sexual gestures, displaying of suggestive objects or pictures, cartoons, or posters 

• Verbal conduct: making or using derogatory comments, epithets, slurs, and jokes 

• Verbal sexual advances or propositions 

• Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive, or obscene letters, notes, or invitations

• Physical conduct: touching, assault, impeding, or blocking movements

“Sexual orientation” refers to how someone describes their sexuality based on whom they are attracted to.

“Title VII of the Civil Rights Act of 1964” This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants’ and employees held religious practices, unless doing so would impose an undue hardship on the operation of the employer’s business.

"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.