the impact of proposition 209 on public employment in california

The Impact of Proposition 209 on Public Employment in

California

The Impact of Proposition 209 on Public Employment in

California

Michael D. Sumner, PhDThelton E. Henderson Center for Social Justice

UC Berkeley School of Law

California Equal Rights Professionals (CAERP) ConferenceJune 17, 2009

Proposition 209Proposition 209 SEC. 31. (a) The state shall not discriminate

against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

The AftermathThe Aftermath Public contracting Public education

Public Contracting - CaltransPublic Contracting - Caltrans

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Public EmploymentPublic Employment Trends up to 1990 and through today

Key factors regarding public employment:StabilityStrength of programsPast history

Public Employment – MethodologyPublic Employment – Methodology Raw Data:

Data for civil servants obtained from the California State Personnel BoardData for working age population obtained from US Census estimates

Analyses:Quantitative analyses of workforce diversityFuture studies will look at job quality, including promotions and wages

Population CharacteristicsPopulation Characteristics

California Working Age Population and Civil Workforce

California Working Age Population and Civil Workforce

Civil Service DepartmentsCivil Service Departments

Department Number of Employees Percentage of Total

Corrections & Rehabilitation 57,958 27%

Transportation 21,703 10%

CA Highway Patrol 10,189 4%

Mental Health 9782 4%

Analyses by GenderAnalyses by Gender

Representation, by GenderRepresentation, by Gender

Representation, by GenderRepresentation, by Gender

Representation and Working Age Pop., by GenderRepresentation and Working Age Pop., by Gender

Representation, by GenderRepresentation, by Gender

Representation, by GenderRepresentation, by Gender

Gov. Wilson signs Exec. Order W-124-95

Proposition 209 on ballot

Proposition 209 passes

Proposition 209 enactedConnerly v. SPB

Gov. Wilson signs Exec. Order W-172-98

Elimination of goals and disparity-reduction requirements

Analyses by Race/EthnicityAnalyses by Race/Ethnicity

California Working Age PopulationCalifornia Working Age Population

California Working Age Population and Civil Servants

California Working Age Population and Civil Servants

Representation, by Race/EthnicityRepresentation, by Race/Ethnicity

Representation, Relative to Working Age PopulationRepresentation, Relative to Working Age Population

Analyses by Race/Ethnicity and Gender

Analyses by Race/Ethnicity and Gender

Representation for White Americans and People of Color, by Gender

Representation for White Americans and People of Color, by Gender

Representation, Relative to Working Age Population

Representation, Relative to Working Age Population

Representation, by Race/Ethnicity and Gender: White Americans

Representation, by Race/Ethnicity and Gender: White Americans

Representation, by Race/Ethnicity and Gender: Hispanic/Latino Americans

Representation, by Race/Ethnicity and Gender: Hispanic/Latino Americans

Representation, by Race/Ethnicity and Gender: African Americans

Representation, by Race/Ethnicity and Gender: African Americans

Representation, by Race/Ethnicity and Gender: Asian Pacific Islander Americans

Representation, by Race/Ethnicity and Gender: Asian Pacific Islander Americans

Further AnalysesFurther Analyses

Wages for Full-time Employees, by Race and Gender

Wages for Full-time Employees, by Race and Gender

Wage Disparity Index for Full-time Employees, Relative to White Men

Wage Disparity Index for Full-time Employees, Relative to White Men

Workforce Diversity, Career Executive Assignment Category

Workforce Diversity, Career Executive Assignment Category

CEA, Relative to Working Age PopulationCEA, Relative to Working Age Population

CEA, Relative to Overall Workforce DiversityCEA, Relative to Overall Workforce Diversity

SummarySummary White men White women Men of color Women of color

Impact of Proposition 209Impact of Proposition 209 Absence of clear negative trends

Longer studySuccess of past programsLimited success of past programs– Agency by agency approach needed

Absence of clear positive trends

RecommendationsRecommendationsData collection & continued researchEqual opportunity programs, utilizing legal best practices, within the boundaries of the law

Next steps:– Reports on job quality in public employment in California– Report on best practices in public employment and public

contracting

AcknowledgementsAcknowledgements Thank you to:

Ariana CejaJessica BorjaMonique W. MorrisMary Louise FramptonMary ElliottWilda White

Major funding provided by:Fulfilling The Dream Fund/Public Interest Projects

Contact:Michael Sumner: msumner@law.berkeley.eduwww.law.berkeley.edu/HendersonCenter.htm