About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

77 California Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagca0077 and id is 1 raw text is: Opinion No. 93-205-January 13, 1994 Requested by: MEMBER OF THE CALIFORNIA SENATE Opinion by: DANIEL E. LUNGREN, Attorney General Anthony S. DaVigo, Deputy THE HONORABLE QUENTIN L. KOPP, MEMBER OF THE CALI- FORNIA SENATE, has requested an opinion on the following question: May the California State University voluntarily consider racial, ethnic, and gender characteristics in employing its faculty? CONCLUSION The California State University may voluntarily consider racial, ethnic, and gender characteristics in employing its faculty to remedy the effects of its own past discriminatory employment practices. Where evidence of such practices, which must be convincing, is based upon statistical disparity, the comparison must be between the composition of its faculty and the composition of the qualified population in the relevant labor market. The consideration must be closely related to the degree, nature, and extent of such prior discrimination. ANALYSIS We are asked to examine a proposed affirmative action plan for the hiring of faculty at a campus of the California State University. Under what circumstances may race, ethnic origin, and gender be considered in the decision-making process? We conclude that such factors may voluntarily1 be considered under certain conditions. Constitutional Premises We begin with the organic law of this state. California Constitution, article I, section 7, subdivision (a) provides: A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws . . . . With regard to employment practices specifically, section 8 of article I of the Constitution, having no federal counterpart, provides: A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin. 1 The question assumes that no court order has been issued relating to the employment of faculty at the university campus. (Mathew Bender & Co., Inc.)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most