Cal. Code Regs. tit. 2 § 599.980

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 599.980 - Definitions

The following definitions shall be used for work force data collection and evaluation of equal employment opportunity within state civil service, including those activities related to layoff:

(a) "Class" means a group of positions as defined in Government Code section 18523.
(b) "Racial/Ethnic Group" includes persons who are members of one of the following groups: American Indian/Native American, Asian, Black/African American, Filipino, Hispanic, Pacific Islander, and White. These groups are defined as follows:
(1) "American Indian/Native American" means any person who is a member of an American Indian Tribe or band recognized by the Federal Bureau of Indian Affairs, or has at least one-quarter American Indian blood quantum of tribes or bands indigenous to the United States or Canada.
(2) "Asian" means any person whose origin is the Far East, Southeast Asian or the Indian subcontinent and includes, for example, China, Japan, and Korea.
(3) "Black/African American" means any person whose origin is any of the Black racial groups of Africa.
(4) "Filipino" means any person whose origin is the Philippine Islands.
(5) "Hispanic" means any person whose origin is Mexico, Puerto Rico, Cuba, Spain, or the Spanish-speaking countries of Central or South America. It does not include persons of Portuguese or Brazilian origin, or persons who acquired a Spanish surname.
(6) "Pacific Islander" means any person whose origin is in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
(7) "White" means any person whose origin is Caucasoid.
(c) "Occupational Group" means a group of jobs or classes that includes the entry level, other working levels, and supervisory levels within the same general occupational field of work.
(d) "Relevant Labor Force" means the pool of individuals who possess the requisite qualifications for the job within the geographic area in which the state agency can reasonably expect to recruit.
(e) "Statistically Significant" means the degree of underutilization is equal to or greater than the .05 level of significance using the one-tailed Z Test method of statistical analysis outlined in Appendix 4 of the Interim Guidelines for Conducting the Annual Analysis of the State Work Force, issued March 2002, by the State Personnel Board. This document is hereby incorporated by reference in its entirety. Using this methodology, a computed Z value of 1.65 or greater is sufficient to conclude that any underutilization is statistically significant.
(f) "Underutilization" means having fewer persons of a particular group in an occupation or at a level in a state agency than would reasonably be expected by their availability in the relevant labor force.
(g) "Work Force" means incumbents in full-time and other-than-full-time positions in the state civil service employed by the appointing authority.

Cal. Code Regs. Tit. 2, § 599.980

1. Change without regulatory effect renumbering former section 599.980 to new section 599.982 and renumbering former section 599.978 to new section 599.980, including amendment of section and NOTE, filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).
2. Change without regulatory effect renumbering former section 599.980 to new section 599.987 and adopting new subchapter 1, article 31 (section 599.980) and section 599.980 filed 7-30-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 31).

Note: Authority cited: Sections 18502 and 19814.5(d), Government Code. Reference: Sections 11092.5, 18523, 19702.1, 19790, 19791 and 19792, Government Code; Title VII of the Civil Rights Act of 1964, 42 USC, Sections 2000e-2 and 2000e-3; "Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity," Federal Register, October 30, 1997; Connerly v. State Personnel Bd. (2001) 92 Cal. App. 4th 16; and Hazelwood School District v. United States (1977), 433 U.S. 299, 308, fn. 14.

1. Change without regulatory effect renumbering former section 599.980 to new section 599.982 and renumbering former section 599.978 to new section 599.980, including amendment of section and Note, filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).
2. Change without regulatory effect renumbering former section 599.980 to new section 599.987 and adopting new subchapter 1, article 31 (section 599.980) and section 599.980 filed 7-30-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 31).