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Frequently Asked Questions

 

 

Why are agencies required to conduct a workforce analysis?Why are agencies required to conduct a workforce analysis?<p>​Agencies must comply with California Government Code Sections 19790, 19791 and Executive Order S-6-04 which requires departments establish an effective equal employment opportunity (EEO) program. In an effort to comply with these mandates, departments shall conduct a workforce analysis annually and provide its report to the CalHR for approval by June 1st each year. Communication of when the department completes this requirement should be made via an email to <a title="civilrights@calhr.ca.gov" href="mailto:civilrights@calhr.ca.gov">civilrights@calhr.ca.gov</a>.</p>
What are the three components of a Workforce Analysis?What are the three components of a Workforce Analysis?<ol><li>​Workforce Composition</li><ul><li>Significant Underutilizations</li><li>Non-Job-Related Barriers</li></ul><li>Persons with Disabilities</li><ul><li>Underrepresentation</li><li>Hiring Goals and Action Plans</li><li>Limited Examination and Appointment Program</li><li>Disability Advisory Committee</li></ul><li>Upward Mobility Program</li><ul><li>Upward Mobility Classification Identification</li><li>Upward Mobility Program Plan/Handbook</li><li>Hiring Goals and Action Plans</li></ul></ol>
How can a department access the Workforce Analysis Dashboard?How can a department access the Workforce Analysis Dashboard?<p>​Email <a href="mailto:civilrights@calhr.ca.gov">civilrights@calhr.ca.gov</a> from your department email account to request access. In the email, provide your contact information and your role within your department. Please also include your supervisor's contact information so that we may update our records. This contact information will be used for future communications with your department.</p>
Besides gathering information from the departmental demographic reports, what else is required to complete the Workforce Analysis?Besides gathering information from the departmental demographic reports, what else is required to complete the Workforce Analysis?<p>​If your UA report identifies statistically significant underutilizations of any protected group within the relevant labor force for any of the occupational groups employed in your department, you need to determine whether non-job-related barriers impact candidates of the underrepresented group who seek employment in your department. If such barriers are identified, you are required to develop a plan to eliminate them.</p><p>If your department's representation of persons with disabilities falls below 80% of the state parity goal, your department needs to set its own goal to hire persons with disabilities so as to increase its level of representation. Your department also needs to develop a plan to meet this goal and report on good-faith efforts that have been made in the past year to increase representation of persons with disabilities.</p><p>If your department uses both low paying and entry-level technical, professional and administrative positions as defined in CCR § 599.981, you need to set an Upward Mobility (UM) hiring goal. You must report the amount of funding dedicated to your department's UM program, develop a UM plan, and report on good-faith efforts that have been made in the past year to increase participation in your department's UM program.</p>
What is the Dymally-Alatorre Bilingual Services Act (Act)?What is the Dymally-Alatorre Bilingual Services Act (Act)?<p>​The Act is the law that requires departments provide language access services to California’s non-English speaking population. The language survey is the tool used to capture and measure the level of public contacts received in the agencies and the number of public contact employees in each to provide an equal level of service to Non-English or limited English speaking individuals seeking services. If a department receives a substantial number of non-English contacts (5 percent or more), it is required to provide bilingual services and hire certified bilingual employees. Conducting the language survey every even numbered year and providing language access services to California’s non-English or limited English speaking population seeking government services is mandated by the Dymally-Alatorre Bilingual Services Act (8290-7299.8). CalHR is responsible for contacting the departments and informing them of the responsibility to conduct the language survey.</p>
Can my department request an exemption from participating in the language survey?Can my department request an exemption from participating in the language survey?<p>​Agencies can request an exemption if:</p><ul><li>The department's primary mission does not include responsibility for furnishing information or rendering services to the public</li><li>The department has consistently received such limited public contact with the non-English speaking public that it has not been required to employ bilingual staff under Government Code § 7292 and the department employs fewer than the equivalent of 25 full-time employees in public contact positions. (Government Code Section 7299.5)</li></ul><p>Receiving an exemption from the survey does not excuse a department from providing customer service to its non-English or limited English speaking clients. (Government Code 7299.8)</p>
What is the Language Survey and Implementation Plan (LISP) online system and how does it work?What is the Language Survey and Implementation Plan (LISP) online system and how does it work?<p>​The LSIP is the tool used by agencies to collect and measure the survey data. The information collected on the language survey tally form is uploaded to the LSIP by the department’s designated language survey coordinator. The LSIP was designed to collect both the language survey information data and the implementation plan which is the department’s corrective action plan to address deficiencies. Once the language survey data is collected by the agencies language survey coordinator, analyzed and sent to CalHR, departments that reported actual deficiencies will have a year to correct their actual position and or written document deficiencies.</p>
How is the LISP online system accessed?How is the LISP online system accessed?<p>​The language survey coordinator contacts CalHR’s Office of Civil Rights (OCR) and receives instructions to set-up a username and password to gain access to the LSIP online system.</p>
Does CalHR provide training on accessing the LISP online system and conducting a meaningful language survey?Does CalHR provide training on accessing the LISP online system and conducting a meaningful language survey?<p>​Training modules, PowerPoint presentations and documents are available at the LSIP online system access page. Communication is maintained with each Language Survey Coordinator via-email and telephone calls. Questions can be sent to the OCR at <a href="mailto:bilingual@calhr.ca.gov">bilingual@calhr.ca.gov</a>.</p>
What does CalHR do with the language survey results?What does CalHR do with the language survey results?<p>​CalHR reviews the results of the language survey and implementation plans, compiles the data and provides a report to the Legislature every two years CalHR also reports on departments compliance with the Act to the Legislature during budget committees and special hearings when asked. (Government Code Section 7299.5)</p>
What is the Bilingual Oral Fluency Examination?What is the Bilingual Oral Fluency Examination?<p>​The oral fluency examination is the exam designed to measure and certify a bilingual person’s speaking ability in a non-English language.</p>
Who administers the Bilingual Oral Fluency Examination?Who administers the Bilingual Oral Fluency Examination?<p>​CalHR administers the bilingual oral fluency examinations to public contact employees when requested by management. The need to have a certified bilingual employee is determined by the results of the language survey or a desk audit conducted by the employee’s manager. Several departments have delegation to administer the oral fluency examination to their employees.</p>
Are certified bilingual employees qualified to translate documents?Are certified bilingual employees qualified to translate documents?<p>​No. Bilingual employees certified by CalHR and agencies with delegated testing authority are certified to perform verbal interpretation <strong>only</strong>. Certified bilingual employees who pass the oral bilingual exams may not possess the expertise to ensure accurate written translation of documents and are not required to translate documents or interpret in formal settings.</p>
How can a department request to have an employee take the Bilingual Oral Fluency Examination?How can a department request to have an employee take the Bilingual Oral Fluency Examination?<p>​The employee’s manager should complete the <a href="/Documents/ocr-bsp-calhr810be-oral-fluency-exam-request.pdf">Bilingual Oral Fluency Examination Request Form </a>and submit it to OCR for review and processing. Once the $115.00 fee is processed, OCR will contact the employee to identify a test date within two weeks. Information on payment method and submittal is located on the request form.</p>
Can a certified bilingual employee serve as an interpreter at an administrative hearing or medical consultation?Can a certified bilingual employee serve as an interpreter at an administrative hearing or medical consultation?<p>​No. Certified bilingual employees are certified to provide language access via oral communication with the department’s non-English speaking public contacts only. The department should rely on the list of administrative hearing and medical interpreters that are tested at a higher level and whose skills are such they can interpret and translate in formal settings. The Administrative Hearing and Medical Interpreter List is found on CalHR’s website and is updated yearly. Release of the list is communicated to department Directors and language survey coordinators.</p>
What types of documents is my department required to translate?What types of documents is my department required to translate?<p>​If the department met the 5 percent threshold in the latest language survey in any language, the department is required to make available translations of the department’s “documents that allow the non-English speaking public access to benefits and services provided by the department. The Act under Government Code Section 7295 states that any materials explaining services available to the public shall be translated. Departments can use certified bilingual employees to explain the documents until they are able to have these translated. Departments should contract with a vendor that has skilled translators.</p>
Can a department use Google Translation software to take care of all of its bilingual requirements?Can a department use Google Translation software to take care of all of its bilingual requirements?<p>​No. Google Translation software cannot address all of your bilingual requirements. Although it is a tool that many agencies use to translate components of its website, CalHR recommends departments using this software post a disclaimer protecting the department from any liability in the event translation is incorrect.</p>
How can managers and supervisors utilize the Limited Examination and Appointment Program (LEAP) to fill vacant positions?How can managers and supervisors utilize the Limited Examination and Appointment Program (LEAP) to fill vacant positions?<ul><li>​Job ads can include the statement ‘LEAP candidates encouraged to apply’.</li><li>Consider customization of requests for ECOS reports to include more than 50 names of LEAP eligible.</li><li>Include the California Relay Service number, 7-1-1, to facilitate communication with applicants who have hearing impairments.</li><li>For departments with their own online job application system, ensure the option of submitting paper job applications is retained.</li></ul>
How do I administer the Disability Survey?How do I administer the Disability Survey?<p>​When requested, state entities are provided a unique link and information to consider during survey periods.<br>Requests for the Disability Survey should be sent to <a href="mailto:civilrights@calhr.ca.gov">civilrights@calhr.ca.gov</a>.</p>

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