SECTIONS 19790-19799 - California Statutes

GOVERNMENT CODE

SECTION 19790-19799

19790. Each state agency is responsible for establishing an
effective equal employment opportunity program. The State Personnel
Board shall be responsible for taking all steps necessary to provide
statewide advocacy, coordination, enforcement, and monitoring of
these programs.

19791. As used in this chapter, the following definitions apply:
(a) "Equal employment opportunity" mean ensuring nondiscrimination
and providing equal access to state jobs, work assignments,
training, and other employment-related opportunities for all
qualified job applicants and employees.
(b) "Underutilization" means having a statistically significant,
smaller percentage of persons of a group in an occupation or at a
level in a state agency than would reasonably be expected by their
percentage representation in the relevant labor force. An identified
underutilization is not necessarily indicative of a denial of equal
employment opportunity, but warrants an analysis of the cause of the
underutilization.

19792. The State Personnel Board shall do all of the following:
(a) Provide statewide leadership, designed to achieve equal
employment opportunity in the state civil service.
(b) Develop, implement, and maintain equal employment opportunity
guidelines.
(c) Provide technical assistance to state agencies in the
development and implementation of their equal employment opportunity
programs.
(d) Review and evaluate departmental equal employment opportunity
programs to ensure that they comply with state and federal statutes
and regulations.
(e) Establish programs to ensure equal employment opportunity for
all state job applicants and employees through broad, inclusive
recruitment efforts and other measures as allowed by law.
(f) Provide statewide training to departmental equal employment
opportunity officers who will conduct training on equal employment
opportunity.
(g) Review, examine the validity of, and update qualifications
standards, selection devices, including oral appraisal panels and
career advancement programs.
(h) Maintain a statistical information system designed to yield
the data and the analysis necessary for the evaluation of equal
employment opportunity within the state civil service. The
statistical information shall include specific data to determine the
underutilization of groups based on race, ethnicity, gender, and
disability. The statistical information shall be made available
during normal working hours to all interested persons. Data generated
on a regular basis shall include, but not be limited to, all of the
following:
(1) Current state civil service workforce composition by race,
ethnicity, gender, age, department, salary level, occupation, and
attrition rates by occupation.
(2) Current local and regional workforce and population data for
groups based on race, ethnicity, gender, and age.
(i) The data analysis referred to in subdivision (h) above shall
include, but not be limited to, all of the following:
(1) Data relating to the utilization of groups based on race,
ethnicity, and gender compared to their availability in the relevant
labor force.
(2) Turnover data by department and occupation.
(3) Data relating to salary administration, including average
salaries for groups based on race, ethnicity, gender, and disability
and comparisons of salaries within state service and comparable state
employment.
(4) Data on employee age, and salary level compared among groups
based on race, ethnicity, gender, and disability.
(5) Data on the number of individuals of each race, ethnicity,
gender, and disability who are recruited for, participate in, and
pass state civil service examinations. This data shall be analyzed
pursuant to the provisions of Sections 19704 and 19705.
(6) Data on the job classifications, geographic locations,
separations, salaries, and other conditions of employment that
provide additional information about the composition of the state
civil service workforce.

19792.5. (a) In order to permit the public to track upward mobility
and the impact of equal opportunities on persons, categorized by
race, ethnicity, gender, and disability in state civil service, the
State Personnel Board shall annually track, by incremental levels of
ten thousand dollars ($10,000), the salaries of persons, categorized
by race, ethnicity, gender, and disability, in state civil service.
For purposes of this subdivision, "upward mobility" means the
advancement of persons, categorized by race, ethnicity, gender, and
disability, to better paying and higher level positions.
(b) The board shall report salary data collected pursuant to
subdivision (a) to the Governor and the Legislature in its Annual
Census of State Employees and Equal Employment Opportunity Report, as
required in Section 19793, and shall include in this report
information regarding the progress of individuals by race, ethnicity,
gender, and disability in attaining high-level positions in state
employment. The salary data shall be reported in annual increments of
ten thousand dollars ($10,000) by job category, race, ethnicity,
gender, and disability in a format easily understandable by the
public.

19793. By November 15 of each year, the State Personnel Board shall
submit to the Governor, the Legislature, and the Department of
Finance a census report that shall include demographic information on
employees in the state civil service, based upon the analysis of the
data collected pursuant to Section 19792. The report shall
specifically include, but not be limited to, identified
underutilizations and, where warranted by analysis of the
underutilizations, steps taken to ensure equal employment opportunity
in the state civil service. The report shall also include
information to the Legislature on laws that discriminate or have the
effect of discriminating on the basis of race, ethnicity, gender, and
disability. The Legislature shall evaluate the equal employment
opportunity efforts of state agencies during its evaluation of the
Budget Bill.

19794. In cooperation with the State Personnel Board, the
appointing power of each state agency shall have the major
responsibility for monitoring the effectiveness of the equal
employment opportunity programs of the state agency. To that end, the
appointing power shall do all of the following:
(a) Issue a policy statement committing to equal employment
opportunity.
(b) Issue procedures for filing, processing, and resolving
discrimination complaints within the state agency, consistent with
state laws and rules, and for filing appeals from agency decisions on
these complaints.
(c) Issue procedures for providing equal upward mobility and
promotional opportunities to state employees.
(d) Cooperate with the board by providing access, in accordance
with subdivisions (o) and (p) of Section 1798.24 of the Civil Code,
to all files, documents, and data necessary for the board to carry
out its mandates under this chapter.

19795. (a) The appointing power of each state agency and the
director of each state department shall appoint, at the managerial
level, an equal employment opportunity officer, who shall report
directly to, and be under the supervision of, the director of the
department, to develop, implement, coordinate, and monitor the agency'
s equal employment opportunity program. In a state agency with less
than 500 employees, the equal employment opportunity officer may be
the personnel officer. The agency equal employment opportunity
officer shall, among other duties, analyze and report on appointments
of employees, bring issues of concern regarding equal employment
opportunity to the appointing power and recommend appropriate action,
submit an evaluation of the effectiveness of the total equal
employment opportunity program to the State Personnel Board annually,
monitor the composition of oral panels in departmental examinations,
and perform other duties necessary for the effective implementation
of the agency equal employment opportunity plans.
(b) (1) Each state agency shall establish a separate committee of
employees who are individuals with a disability, or who have an
interest in disability issues, to advise the head of the agency on
issues of concern to employees with disabilities, and matters
relating to the formulation and implementation of the plan to
overcome and correct any underrepresentation determined pursuant to
Section 19234.
(2) Departments shall invite all employees to serve on the
committee and shall take appropriate steps to ensure the final
committee is comprised of members who have disabilities or who have
an interest in disability issues. Each department shall ensure that
at least two-thirds of the members of the committee are individuals
with disabilities or retain documentation that demonstrates that the
number of employees invited to participate, and willing and able to
serve, was insufficient to meet this requirement.

19796. Bureau or division chiefs within a state agency shall be
accountable to the appointing power for the effectiveness and results
of the equal employment opportunity program within their division or
bureau.
All managers and supervisors shall provide program support and
take any positive action necessary to ensure and advance equal
employment opportunity at their respective levels.

19797. Each state agency shall develop, update annually, and
implement an equal employment opportunity plan which shall, at a
minimum, identify the areas of significant underutilization of
specific groups based on race, ethnicity, and gender, within each
department by job category and level, contain an equal employment
opportunity analysis of all job categories and levels within the
hiring jurisdiction, and include an explanation and specific actions
for removing any non-job-related employment barriers.

19798. In establishing order and subdivisions of layoff and
reemployment, the board, when it finds past discriminatory hiring
practices, may authorize modification of the order of layoff, in
accordance with board rule, only if failure to do so by a department
would result in ineligibility for a federal program with a loss of
federal funds or if required by federal law or the United States
Constitution.

19798.5. State departments, agencies, and the State Personnel Board
shall continue to carry out their respective duties required by
Sections 19230 to 19237, inclusive, with respect to establishing,
monitoring, and reporting on an affirmative action plan, including
goals and timetables, for ensuring individuals with disabilities
access to state employment. These activities shall be coordinated
with and integrated into the planning, reporting, and monitoring
activities required by this chapter.

19799. When any state agency conducts any survey as to the ancestry
or ethnic origin of state civil service employees, or maintains any
statistical tabulation of minority group employees, it shall use
separate collection categories for each major Asian and Pacific
Islander group, including, but not limited to, Chinese, Japanese,
Filipino, Korean, Vietnamese, Asian Indian, Hawaiian, Guamanian,
Samoan, Laotian, and Cambodian in the survey or tabulation.