Office of Civil Rights
The Office of Civil Rights (OCR) has statewide leadership responsibilities in four Program areas that include Equal Employment Opportunity, Limited Examination and Appointment Program, Interpreter Program and Bilingual Services Program. The Office develops and maintains state policies and procedures regarding the provision of equal employment opportunity and ensures non-discrimination in the state's employment practices. OCR is also responsible for developing and publishing the Annual Census and the Language Survey and Implementation Plan reports that are statutorily mandated. The Office serves as a technical resource in these areas for State civil service.
CIVIL RIGHTS FUNCTIONS
Employment discrimination based on race, color, ancestry, national origin, religious creed, sex, age, marital status, mental and physical disability, medical condition, and sexual orientation is prohibited by law. Each department has an obligation to actively prevent discrimination, and to take immediate and effective action to eliminate it when it is discovered. This includes having non-discrimination policies and procedures in place, and informing employees about them so that they may file a discrimination complaint if necessary. The OCR does not receive or investigate discrimination complaints. Instead, State employees may file discrimination complaints with one or all of the following entities:
Each State department has an Equal Employment Opportunity Officer that can assist department employees with civil rights issues, including discrimination complaints and reasonable accommodation.
EQUAL RIGHTS 101 VIDEOS
The California Department of Fair Employment and Housing produced four videos on equal rights titled "Equal Rights 101."
The videos were produced under an Equal Employment Opportunity Commission grant, and includes content on pregnancy discrimination, pre-employment inquiry, reasonable accommodation and sexual harassment in the workplace. The videos l to employers, employees, HR professionals, attorneys and educators.
Workforce Analysis Dashboard
We are pleased to announce the unveiling of the Workforce Analysis Dashboard where agencies can access a variety of forms, instructions, the training manual, modules and electronically submit their workforce analysis forms and reports by June 1.
EEO Officers can submit names and email addresses of staff that need access to the Dashboard to email@example.com. Employees that encounter technology challenges with the Workforce Analysis Dashboard should first contact their respective information technology office to troubleshoot and resolve the issue before contacting the Office of Civil Rights. These WFA Dashboard_Troubleshooting tips are designed to answer and resolve some frequently asked questions.
According to Executive Order S-6-04,
"it is the policy of the State of California to provide Equal Employment Opportunity (EEO) for all individuals in all its activities." In an effort to comply with State policy, departments shall conduct a workforce analysis annually and report their findings to CalHR for approval by June 1.
Workforce analysis is conducted because it is a requirement of the law that all employees and applicants are afforded equal employment opportunity. A portion of the data in the workforce analysis reports is included in the Annual Census of Employees in State Civil Service report which is submitted annually to the Governor and Legislature.
Workforce analysis is a way for departments to track their EEO efforts and develop goals and action plans to improve their EEO programs. It also provides an opportunity for departments to share their EEO successes with CalHR. The Office of Civil Rights at CalHR is responsible for overseeing department EEO programs, providing feedback and recommendations for improvement, and scheduling compliance hearings.
THREE COMPONENTS OF WORKFORCE ANALYSIS
- Workforce Composition: departments conduct an analysis of significant underutilizations among racial/ethnic and gender groups.
- Persons with Disabilities: departments conduct an analysis of representation of persons with disabilities and set annual goals if department representation falls below 13.3% which is 80% of the state disability parity of 16%.
- Upward Mobility: departments identify their upward mobility classifications; the number of employees that are participating in upward mobility, and the number of employees expected to progress from positions in low-paying classifications to entry level technical, professional, and administrative positions and set annual goals.
WORKFORCE ANALYSIS REFERENCE RESOURCES
American Community Survey (ACS)
Current Population Survey (CPS)
Department of Finance - Demographics Research Unit
Employment Development Department - Labor Market Information
ONet Occupational Category Descriptions
U.S. Bureau of Labor Occupational Outlook Handbook
U.S. Bureau of Labor Programs A-Z
U.S. Bureau of Labor Statistics
U.S. Census - 2000
U.S. Census - 2000 (Special EEO Tabulation)
U.S. Census - 2010
Government Code Sections 19400-19406 and the California Code of Regulations Sections 547.82-547.87 require each department to establish an effective upward mobility program for its employees in low-paying occupations. This includes developing an upward mobility plan to assist employees develop their qualifications in order to be competitive with non-state job applicants for entry technical, professional and administrative state jobs, and establishing annual upward mobility employment goals. Departments are also required to appoint an upward mobility coordinator to report on the department's upward mobility program efforts. For additional information on procedural requirements and upward mobility employment goals, please view the Upward Mobility - training presentation.
PERSONS WITH DISABILITIES
Executive Order S-6-04 directs CalHR to provide leadership, coordination, technical guidance, and enforcement of EEO efforts and non-discriminatory employment practices within the State civil service. CalHR assists departments in recruitment, employment, and retention of persons with disabilities including the collection, monitoring, and reporting of employment information regarding the representation of State employees with disabilities. Office of Civil Rights also oversees the Limited Examination and Appointment Program (LEAP) and the State Disability Advisory Committee (SDAC).
An online disability survey is available for departments to disseminate to employees to self-identify a disability. Contact the Office of Civil Rights at (916) 324-0970 for additional information and to obtain a unique department link to the online survey.
Each department is required by Federal and State laws to provide Reasonable Accommodation (RA) when a job applicant or employee with a disability needs assistance in order to complete a selection process, perform the essential functions of a job, complete required training, or to benefit from employer sponsored events. The purpose of the accommodation is to allow the person with the disability to compete or perform on as equal a basis as possible with persons without disabilities. Employers are obligated to provide accommodation unless to do so would cause them undue hardship. There are many types of accommodation and no one accommodation will be appropriate for all individuals with a disability. Below you will find specific information about legal requirements, reasonable accommodation resources, and reasonable accommodation training.
Reasonable Accommodation Resources:
Departmental Reasonable Accommodation Coordinators
Intro to FEHA and the ADA
Practical Solutions to Reasonable Accommodation training course
Writing an Effective Duty Statement
Reasonable Accommodation Tool
Workforce Composition: Government Code Sections: 19791(b), 19797 can be found at www.leginfo.ca.gov under Government Code.
Persons with Disabilities: Government Code Sections 19795; 19232, 19233( c), 19234, 19795; can be found at: www.leginfo.ca.gov under Government Code, and Executive Order S-04-05 (2005) can be found at: www.gov.ca.gov
Upward Mobility: Government Code Sections 19401, 19402 can be found at: www.leginfo.ca.gov under Government Code and California Code of Regulations 547.83, 54784, 547.85, and 548.86 can be found at: Office of Administrative Law at: www.oal.ca.gov
Americans with Disabilities Act (Federal Law)
California Fair Employment and Housing Act (State Law) - Government Code 12940(m)
State Policy Hiring Persons with Disabilities