• Title IX of the Education Amendments of 1972 – Bars sex‑based discrimination in any education program or activity receiving federal financial assistance. Applies to admissions, athletics, scholarships, and campus climate.

• Age Discrimination in Employment Act (ADEA) of 1967 – Protects individuals 40 years of age and older from employment discrimination because of age. Also overseen by the EEOC.

• Americans with Disabilities Act (ADA) of 1990 – Requires reasonable accommodations and prohibits disability discrimination in employment, public services, and public accommodations. The ADA Amendments Act (2008) broadened the definition of disability.

• Rehabilitation Act of 1973, Section 504 – Prohibits discrimination against persons with disabilities in programs receiving federal funds, including higher‑education institutions. The Office for Civil Rights (OCR) enforces this provision.

• Equal Pay Act of 1963 – Mandates that men and women receive equal pay for substantially similar work. Integrated into Title VII enforcement.

• Genetic Information Nondiscrimination Act (GINA) of 2008 – Bars discrimination based on genetic information in employment and health‑insurance decisions.

• Section 409A of the Internal Revenue Code (as it relates to non‑discriminatory compensation) – Ensures that compensation practices do not discriminate on the basis of protected characteristics.

• Section 503 of the Rehabilitation Act (1978) – Obligates federal contractors to take affirmative action to employ and advance qualified individuals with disabilities.

How These Laws Apply at the University

• All UC San Diego programs, employment units, and student services that receive federal funds must comply with the above statutes.
• The Office of Equal Opportunity and Title IX (EOT) at UC San Diego oversees policy implementation, investigations, and training.
• Employees and students can file complaints with the university’s EEOC liaison or the campus Title IX office, which coordinate with federal agencies when necessary.

Key Compliance Resources

• U.S. Equal Employment Opportunity Commission (EEOC) – www.eeoc.gov
• U.S. Department of Education Office for Civil Rights (OCR) – www2.ed.gov/about/offices/list/ocr/index.html
• U.S. Department of Labor – Office of Federal Contract Compliance Programs (OFCCP) – www.dol.gov/ofccp

These agencies provide detailed guidance, regulations, and filing procedures for each law.

The Office Academic Recruitment Services (OARS) is responsible for providing an annual review and update of the California Nondiscrimination Program and Affirmative Action Plan.  The report includes:

Equal Employment Opportunity Policy: 2 CCR § 11103 (a) (1)

The program must include the development or reaffirmation of the contractor's equal employment opportunity policy across all personnel actions. Must include a nondiscrimination clause in contracts and subcontracts per California Government Code Section 12990 (c).

Dissemination: 2 CCR § 11103 (a) (2)

Formal internal and external dissemination of the contractor’s policy.                                                

Implementation: 2 CCR § 11103 (a) (3)  

Establishment of responsibilities for implementation of the contractor’s program.

Policy Review: 2 CCR § 11103 (a) (4)

Annual identification of any existing policies or practices that have resulted in disproportionately inhibiting the employment, promotion or retention of any group protected by the Act.

Analysis of Selection Procedures: 2 CCR § 11103 (a) (4) (A) 

The program shall include an identification and analysis of contractor promotional and entry-level selection procedures and shall identify any such policies or procedures that have resulted in practices disproportionately inhibiting the employment, promotion or retention of any group or groups protected by the Act. The retention of such practices so identified can only be justified according to the principles of business necessity upon a demonstration that no reasonable alternatives to such practices exist. The prospective contractor shall eliminate any practices that cannot be so justified.                                                                      

Workforce Analysis: 2 CCR § 11103 (a) (4) (B)  

The program will contain a workforce analysis, which shall consist of a listing of each job title that appears in applicable collective bargaining agreements of payroll records ranked from the lowest paid to the highest paid within each department or other similar organizational unit, including departmental or unit supervisory personnel. For each job title, the total number of incumbents, and the total number of male and female incumbents, and the total number of male and female incumbents broken down by race and/or national origin. The wage rate or salary range for each job title must be given. All job titles, including all managerial job titles, must be listed. If there are separate work units or lines of progression within a department, a separate list must be provided for each such work unit, or line, including unit supervisors. For lines of progression there must be indicated the order of jobs in the line through which an employee could move to the top of the line. Where there are no formal progression lines or usual promotional sequences, job titles should be listed by department, job families, or disciplines, in order of wage rates or salary ranges.

Utilization Analysis: 2 CCR § 11103 (a) (4) (C) 

Employers with 250 or more employees must perform a utilization analysis, which shall consist of an analysis of the major job groups at the facility in order to determine whether members of any group protected by the Act are being underutilized when compared to their availability. A job group for this purpose shall consist of one or more jobs that have similar content, wage rates, and opportunities. Underutilization is defined as having a statistically significant lower utilization of any group protected by the Act in a particular job group than their availability. Availability is defined as the availability in the labor force. The labor force for this purpose may vary depending upon the type of job in question, and the contractor's past practice, and could encompass the contractor's existing employees, and, for example, the area immediately surrounding the facility where the vacancy exists for low-skill jobs or it could encompass the entire nation for highly-skilled managerial positions. The employer shall conduct a separate utilization analysis for each protected group.

-Retain utilization analysis to identify whether any groups are underutilized when compared to their availability.

Corrective Actions:  2 CCR § 11103 (a) (5)

Development and execution of policies and procedures designed to correct problems and attain equal employment opportunities for all applicants and employees. – If disparities exist, contractors must implement policies to address them and improve equal employment opportunities.                                        

Internal Audits & Reporting:  2 CCR § 11103 (a) (6)

Employers must track the effectiveness of their nondiscrimination efforts and report findings

An employer with multiple facilities may establish a single nondiscrimination program for its organization but must perform separate analyses pursuant to subsections (a) (4)(A) and (B) above for each establishment.

The Americans with Disabilities Act of 1990 requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship.

In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. There are three categories of "reasonable accommodations."

• modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
• modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
• modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

  The Americans with Disabilities Act of 1990 requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship.

•  In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. There are three categories of "reasonable accommodations."

  • modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
  • modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
  • modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

 The Americans with Disabilities Act of 1990 requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship.

In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. There are three categories of "reasonable accommodations."

• modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
• modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
• modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

Market Availability Data

Data on jobseekers with advanced degrees by discipline are collected to form the basis of a calculated benchmark which measures the academic workforce and potential applicant pools. The two primary sources for these data are:

• RTI International
• American Association of Medical Colleges (AAMC)

RTI International data are obtained in two sets. The first set represents the total number of Ph.D.s awarded in the U.S. from the most recent five years of data. These data are used to establish the benchmark (or the "availability data") for tenure-track assistant professors. The second set of data represents the  benchmark for tenured professors (rank of associate and full).

To apply these data to UCSD faculty, the discipline in which each faculty member achieved a Ph.D. is identified and matched to the most relevant discipline in the RTI data set per the discipline. The data for groups of faculty, for example, all tenured faculty in a specific department, are tallied and percentages for available applicants  are determined. Data on Master degrees are also factored into the calculations of availability data, as may be relevant to academic departments in the visual and performing arts

The AAMC faculty roster is the primary source for developing benchmarks for our faculty with M.D.s in the Health Sciences. This roster provides data on the number of faculty in U.S. medical schools by rank, , and department. To tailor AAMC data to UCSD faculty, a process similar to that described above for faculty with Ph.D.s is applied to faculty with M.D.s.