The following training is required by Title 5 §53003

Any organization or individual, whether or not an employee of the district, who is involved in the recruitment and screening/selection of personnel shall receive appropriate training on the requirements of the title 5 regulations on equal employment opportunity (section 53000 et. seq.); the requirements of federal and state nondiscrimination laws; the requirements of the district’s Equal Employment Opportunity Plan; the district’s policies on nondiscrimination, recruitment, and hiring; principles of diversity and cultural proficiency; the value of a diverse workforce; and recognizing bias.

Discrimination: The Hiring Process

1. Principles of diversity2. Cultural proficiency3. The non-biased committee

member4. Valuing a diverse workforce5. EEO Plan6. Federal and State of California laws

1. Principles of diversity

An understanding and appreciation of diverse peoples, cultures, and perspectives informs the intellectual framework on which our institutional mission is based. The College is committed to demonstrating that respect of differences among people is a prerequisite to achieving institutional excellence.

(1.) Filing a Complaint

If any person feels that they or someone they know has been discriminated against, a complaint may be filed.Either an informal or formal complaint may be filed with the District Compliance Officer. An informal complaint is oral or via email.The formal written complaint form is provided by the Chancellor’s Office.

2. Cultural proficiency

The policies and practices at the organizational level, and values and behaviors at the individual level, that enable effective cross-cultural interactions among students, employees, and community.

(2.) Cultural proficiency

Awareness of the limitations of one’s skills or an organization’s practices when interacting with other cultural groupsAwareness of entitlement

(2.) Cultural proficiency:Cultural Blindness

Acting as if the cultural differences one sees do not matter or not recognizing that there are differences among and between cultures

(2.) Cultural proficiency:Cultural Competence

Interacting with other cultural groups using the five essential elements of cultural proficiency as the standard for individual behavior and school practices:

acceptance and respect for differences,ongoing assessment of one’s own and the organization’s cultureattention to the dynamics of differencecontinuous expansion of cultural knowledge and resourcesadaptation of one’s values and behaviors and the organization’s policies and practices

(2.) Culturally Proficient Behavior

Manage the Dynamics of Difference (Frame the Conflicts)

Learn effective strategies for resolving conflict among people whose cultural backgrounds and values may be different from yoursUnderstand the effect that historic distrust has on present day interactionsRealize that you may misjudge others actions based on learned expectations

(2.) Culturally Proficient Behavior

Adapt to Diversity (Change for Diversity)

Change the way things are done to acknowledge the differences that are present in staff and communityDevelop skills for cross-cultural communicationInstitutionalize cultural interventions for conflicts and confusion caused by the dynamics of difference

3. The Non-Biased Committee Member

AttitudeTakes the idea of equity seriously, does not put down other groups or joke about their abilities, characteristics, and roles.

LanguageUses non biased language regarding race, gender; does not refer to groups in stereotypical manner; does not use “he” to refer to both genders.

GeneralizationsAvoids generalizations that refer to gender, race, ethnicity or other stereotypical groups.

(3.) The non-biased committee member

FactsUses factual knowledge about current economic and legal status of men and women in minority groupsAcquires factual knowledge and has a personal commitment to reflect diversity in all content areas.

ValuesBelieves and models that all people can express their viewsDoes not make assumption about what a particular group believes or is able to do.

(3.) The non-biased committee member

BehaviorsAvoids comparisons of teachers or students based on race, ethnicity, socioeconomic status and genderModels and appreciates diversity in all formsPublicly acknowledges the appropriateness of a wide range of career choices, interests and roles for all groups.

4. Valuing a Diverse Workforce

Diversity is all about the unique ways we differ as people, and the value those differences bring to our workplace and our classrooms. Some of our differences are physical, such as nationality, gender, race and age. But we also share less visible differences such as culture, personal values, and religious beliefs. Valuing diversity means appreciating our individualism and behaving in such a way that we also respect each other's differences.

(4.) Valuing a diverse workforce

A diverse workforce can be one of our greatest assets. Beyond recruitment and hiring, we must focus on retention and motivation of the diverse workforce we worked so hard to employ. For minority employees, the missing piece is often a strong sense of self and an appreciation for who they are and what they offer.

(4.) Valuing a diverse workforce

Diversity lays the foundation for the transformational work that must be done first with every member of our college community. First of all, the members of the majority culture---that is generally white, upper middle class---must understand the reason why managing diversity is in the college’s best interest.

(4.) Valuing a diverse workforce

Then, they must develop some empathy for what it truly is like for members of the minority culture. Only after that inside out work is accomplished will a managing diversity program be effective.

5. EEO Plan

The Sonoma County Junior College District is committed to the principles of equal employment opportunity and will implement a comprehensive program to put those principles into practice.

(5.) EEO plan

It is the district’s policy to ensure that all qualified applicants for employment and employees have full and equal access to employment opportunity, and are not subjected to discrimination in any program or activity of the district on the basis of ethnic group identification, race, color, national origin, religion, age, gender, sexual minorities, disability, ancestry, sexual orientation, language, accent, citizenship status, transgender, parental status, marital status, economic status, veteran status, medical condition, or on the basis of these perceived characteristics.

(5.) EEO plan

The district will strive to achieve a workforce that is welcoming to men, women, persons with disabilities and individuals from all ethnic and other groups to ensure the district provides an inclusive educational and employment environment. Such an environment fosters cooperation, acceptance, democracy and free expression of ideas.

(5.) EEO plan

Delegation of Responsibility, Authority and Compliance

• The governing board is ultimately responsible for proper implementation of the District’s Plan at all levels of district and college operation, and for ensuring equal employment opportunity as described in the Plan.

• The governing board delegates to the chief executive officer the responsibility for ongoing implementation of the Plan and for providing leadership in supporting the District’s equal employment opportunity policies and procedures.

(5.) EEO Plan

The district has designated the District Compliance Officer as its equal employment opportunity officer who is responsible for the day-to-day implementation of the Plan. The equal employment opportunity officer is responsible for assuring compliance with the requirements of title 5, sections 53000 et seq. and is also responsible for receiving complaints and for ensuring that applicant pools and selection procedures are properly monitored.

6. Federal And State of California Laws

Both Federal (6.a) and State of California (6.b) laws define and specify the areas of discrimination and bias that are prohibited in the hiring process, and the prohibitions and sanctions for non-compliance with these laws.

(6.a) Federal Laws

The Civil Rights Act of 1964 (Title VII) The Age Discrimination in Employment Act of 1967 (ADEA)Americans with Disabilities Act of 1990 (ADA)

(6.a) The Civil Rights Act of 1964 (Title VII)

Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex. It is illegal to discriminate in any aspect of employment, including:

• Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and

(6.a) The Civil Rights Act of 1964 (Title VII)

It is illegal to deny employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

(6.a) The Age Discrimination in Employment Act of 1967 (ADEA)

Statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ); Denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

(6.a) Americans with Disabilities Act of 1990 (ADA)

The ADA prohibits discrimination on the basis of disability in all employment practices. It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination.

An individual with a disabilityA qualified employee or applicant with a disabilityReasonable accommodation

(6.a) Americans with Disabilities Act of 1990 (ADA)

An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, and working.

(6.a) Americans with Disabilities Act of 1990 (ADA)

A qualified employee or applicant with a disability is someone who satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.

(6.a) Americans with Disabilities Act of 1990 (ADA)

Reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters.

(6.a) Americans with Disabilities Act of 1990 (ADA)

Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.

(6.a) Americans with Disabilities Act of 1990 (ADA)

An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation.

(6.a) Americans with Disabilities Act of 1990 (ADA)

Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category.

(6.b) State of California laws

The Fair Employment and Housing Act (FEHA) (Gov. Code § 12900-12996) Unruh Civil Rights Act (Civ. Code § 51)The Ralph Act (Civ. Code § 51.7)Title 5, § 59300 California Code of Regulations Education Code Section 220

(6.b) The Fair Employment and Housing Act (FEHA)

The FEHA bans employment discrimination on the bases of age (40 and over), ancestry, color, religious creed, disability (mental and physical) including HIV and AIDS, marital status, medical condition (cancer and genetic characteristics), national origin, race, sex, and sexual orientation. The FEHA covers California employers with five or more employees.

(6.b) Unruh Civil Rights Act The Unruh Civil Rights Act guarantees access, services and accommodations free of arbitrary discrimination in all business establishments.

(6.b) The Ralph Act The Ralph Civil Rights Act protects all persons from violence and intimidation by threats of violence based on their age, ancestry, color, disability, national origin, political affiliation, race, religion, sex, sexual orientation, or position in a labor dispute.

(6.b) Title 5 § 59300, California Code of Regulations

"... no person in the State of California shall, on the basis of ethnic group identification, national origin, religion, age, sex, race, color, ancestry, sexual orientation, or physical or mental disability, or on the basis of these perceived characteristics or based on association with a person or group with one or more of these actual or perceived characteristics, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under any program or activity that is administered by, funded directly by, or that receives any financial assistance from, the Chancellor or Board of Governors of the California Community Colleges."

(6.b) Education Code Section 220 No person shall be subjected to discrimination on the basis of sex, ethnic group identification, race, national origin, religion,color, mental or physical disability, or any actual or perceived characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid.

Q: What does SRJC do to insure fairness in the hiring process while

respectingdiversity?

A: SRJC makes good faith efforts to remove identified barriers, expand employment opportunities, and train hiring committees on strategies to avoid bias. Good faith efforts include broad advertising of job openings; supplemental inclusive outreach efforts to ensure that all qualified candidates, including minorities and women, are represented in applicant pools; and careful monitoring of outreach, recruitment, search and selection practices to ensure that equal opportunity is provided at every stage of these processes.

Q: Will good faith efforts lead to preferences in hiring?

A: No. According to the Federal regulations and the California Constitution, placement goals do not create job set-asides for specific groups, nor are they intended to achieve proportional representation or equal results.