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Discrimination: The Hiring Process 1. Principles of

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Discrimination: The Hiring Process 1. Principles of diversity 2. Cultural proficiency 3. The non-biased committee member 4. Valuing a diverse workforce 5. EEO ... – PowerPoint PPT presentation

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Title: Discrimination: The Hiring Process 1. Principles of


1
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
    districts Equal Employment Opportunity Plan the
    districts policies on nondiscrimination,
    recruitment, and hiring principles of diversity
    and cultural proficiency the value of a diverse
    workforce and recognizing bias.

2
Discrimination The Hiring Process
  • 1. Principles of diversity
  • 2. Cultural proficiency
  • 3. The non-biased committee member
  • 4. Valuing a diverse workforce
  • 5. EEO Plan
  • 6. Federal and State of California laws

3
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.

4
(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 Chancellors Office.

5
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.

6
(2.) Cultural proficiency
  • Awareness of the limitations of ones skills or
    an organizations practices when interacting with
    other cultural groups
  • Awareness of entitlement

7
(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

8
(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 ones own and the
    organizations culture
  • attention to the dynamics of difference
  • continuous expansion of cultural knowledge and
    resources
  • adaptation of ones values and behaviors and the
    organizations policies and practices

9
(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 yours
  • Understand the effect that historic distrust has
    on present day interactions
  • Realize that you may misjudge others actions
    based on learned expectations

10
(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
    community
  • Develop skills for cross-cultural communication
  • Institutionalize cultural interventions for
    conflicts and confusion caused by the dynamics of
    difference

11
3. The Non-Biased Committee Member
  • Attitude
  • Takes the idea of equity seriously, does not put
    down other groups or joke about their abilities,
    characteristics, and roles.
  • Language
  • Uses non biased language regarding race, gender
    does not refer to groups in stereotypical manner
    does not use he to refer to both genders.
  • Generalizations
  • Avoids generalizations that refer to gender,
    race, ethnicity or other stereotypical groups.

12
(3.) The non-biased committee member
  • Facts
  • Uses factual knowledge about current economic and
    legal status of men and women in minority groups
  • Acquires factual knowledge and has a personal
    commitment to reflect diversity in all content
    areas.
  • Values
  • Believes and models that all people can express
    their views
  • Does not make assumption about what a particular
    group believes or is able to do.

13
(3.) The non-biased committee member
  • Behaviors
  • Avoids comparisons of teachers or students based
    on race, ethnicity, socioeconomic status and
    gender
  • Models and appreciates diversity in all forms
  • Publicly acknowledges the appropriateness of a
    wide range of career choices, interests and roles
    for all groups.

14
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.

15
(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.

16
(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 colleges best interest.

17
(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.

18
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.

19
(5.) EEO plan
  • It is the districts 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.

20
(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.

21
(5.) EEO plan
  • Delegation of Responsibility, Authority and
    Compliance
  • The governing board is ultimately responsible
    for proper implementation of the Districts 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 Districts equal
    employment opportunity policies and procedures.

22
(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.

23
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.

24
(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)

25
(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

26
(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.

27
(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.

28
(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 disability
  • A qualified employee or applicant with a
    disability
  • Reasonable accommodation

29
(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.

30
(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.

31
(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.

32
(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.

33
(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.

34
(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.

35
(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

36
(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.

37
(6.b) Unruh Civil Rights Act
  • The Unruh Civil Rights Act guarantees access,
    services and accommodations free of arbitrary
    discrimination in all business establishments.

38
(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.

39
(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."

40
(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.

41
Q What does SRJC do to insure fairness in the
hiring process while respecting diversity?
  • 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.

42
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.
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