SUBJECT:

Proposition 209

On August 28, 1997, Proposition 209 went into effect and is now a part of
the California State Constitution (Section 31 of Article I). The new
constitutional amendment is similar to the Regents Resolution SP-2 adopted
on July 20, 1995. Both the constitutional amendment and SP-2 permit action
which must be taken to establish or maintain federal program eligibility.

Due to UCSD's status as a federal contractor, it is obligated to comply
with federal laws and regulations relating to affirmative action and
opportunity. With regard to employment, the modifications made to UCSD's
policies, programs, and practices to conform with the Regents' resolution
places the University in compliance with the new constitutional amendment
and fulfills the University's obligations as a federal contractor.

Attached is a document that provides some questions and answers that relate
to the impact of the new constitutional amendment on the University of
California/UCSD's employment practices. In addition, the document is
available on the WWW at the following address:

Rogers Davis Assistant Vice Chancellor - Human Resources

_________________________________________________________________

University of California          Academic Affairs
Office of the President          Human Resources

August 1997

IMPLEMENTATION OF PROPOSITION 209:
HOW IT IMPACTS UC'S EMPLOYMENT PRACTICES

On August 28, 1997, after several court decisions, Proposition 209 went
into effect. Pending further court action, Proposition 209 is now Section
31 of Article I in the California State Constitution. The passage of
Proposition 209 in November 1996 followed adoption by The Regents of
Resolution SP-2 on July 20, 1995. Following is information regarding the
impact of Proposition 209 on UC's employment practices and affirmative
action.

TEXT OF THE PRINCIPAL PROVISIONS OF PROPOSITION 209
CALIFORNIA CONSTITUTION, ARTICLE I, SECTION 31

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.

Nothing in this section shall be interpreted as prohibiting bona fide
qualifications based on sex which are reasonably necessary to the normal
operation of public employment, public education, or public contracting.

Nothing in this section shall be interpreted as invalidating any court
order or consent decree which is in force as of the effective date of this
section.

Nothing in this section shall be interpreted as prohibiting action which
must be taken to establish or maintain eligibility for any federal program,
where ineligibility would result in a loss of federal funds to the state.

For the purposes of this section, "state" shall include, but not
necessarily be limited to, the state itself, any city, county, city and
county, public university system, including the University of California,
community college district, school district, special district, or any other
political subdivision or governmental instrumentality of or within the
state.

TEXT OF THE PRINCIPAL PROVISIONS OF REGENTS RESOLUTION SP-2:
POLICY ENSURING EQUAL TREATMENT-EMPLOYMENT AND CONTRACTING

Section 1. Effective January 1, 1996, the University of California shall
not use race, religion, sex, color, ethnicity, or national origin as
criteria in its employment and contracting practices.

Section 2. The President of the University of California is directed to
oversee a systemwide evaluation of the University's hiring and contracting
practices to identify what actions need to be taken to ensure that all
persons have equal access to job competitions,contracts, and other business
and employment opportunities of the University. A report and
recommendations to accomplish this objective shall be presented to the
Board of Regents before December 1, 1996.

Section 3. Nothing in Section 1 shall prohibit any action which is
strictly necessary to establish or maintain eligibility for any federal or
state program, where ineligibility would result in a loss of federal or
state funds to the University.

QUESTIONS & ANSWERS

1.Q: Does Proposition 209 apply to the University?

A: Yes, the University is specifically included in the new
constitutional amendment's definition of the term "state."

2.Q: Who is affected by the employment provisions of Proposition 209 and
Regents' Resolution SP-2?

A: The provisions apply to UC academic and staff employees and
applicants for employment.

3.Q: What are the employment practices to which Proposition 209 and
Regents' Resolution SP-2 apply?

A: Examples include selection, promotion, transfer, training and
development, and other terms and conditions of employment.

4.Q: How does Proposition 209 affect the University's obligations regarding
Regents' Resolution SP-2?

A: According to the Office of the General Counsel, the adjustments
made to University policy and practices to conform to SP-2 should place
the University in compliance with the provisions of the new constitutional
amendment. In addition, the new constitutional amendment removes The Regents'
discretion to repeal or modify SP-2.

5.Q: What is the University PROHIBITED from doing under Proposition 209 and
Regents' Resolution SP-2?

A: UC may not consider race, religion, sex, color, ethnicity, or
national origin in selection, promotion, or any other employment practice,
unless such action must be taken to establish or maintain eligibility for
any federal program (Proposition 209), or consideration is "strictly
necessary" to establish or maintain eligibility for any federal program,
where ineligibility would result in a loss of federal funds to the
University (Regents' Resolution SP-2). UC counsel has interpreted
"strictly necessary" to mean required by federal law or regulations.

6.Q: What is the University PERMITTED to do under Proposition 209 and
Regents' Resolution SP-2?

A: UC must use race- or gender-neutral criteria in its employment
practices. However, as indicated in the previous answer, UC is permitted
to color, race, ethnicity, or gender if required pursuant to federal
requirements. Federal regulations governing UC's affirmative action
activities require the use of race,ethnicity, or gender in very limited
circumstances, such as when analyzing the workforce to identify areas of
under-utilization of minorities and women and establishing goals, when
under-utilization exists, in affirmative action plans. When goals exist in
a particular job for which recruitment is being conducted,UC undertakes
supplemental recruitment efforts to include under-utilized minorities and
women in the applicant pool. Supplemental effort could include sending job
announcements to minority and women's organizations. However, a candidate
may not be selected because of his or her race or gender.

7.Q: Can race, ethnicity, or sex be used as A FACTOR among other factors in
selecting minorities or women for employment or for participation in
training programs?

A: No. Any use of race, ethnicity, or gender as criteria for selection in
hiring, participating in training programs, or any other employment
practice conflict with the new constitutional amendment and SP-2.

8.Q: Do Proposition 209 and Regents' Resolution SP-2 eliminate employment
affirmative action at the University?

A: No. UC is a federal contractor and is obligated to comply with
federal laws and regulations regarding affirmative action. These
obligations include good faith efforts to create diverse pools of applicants
for UC positions; developing and implementing affirmative action plans which
identify areas of under-utilization of minorities and women; and
demonstrating good faith efforts to eliminate under-utilization.

9.Q: How do Proposition 209 and Regents' Resolution SP-2 affect the
University's employment affirmative action obligations?

A: The new constitutional amendment and Regents' Resolution SP-2 have
similar effects on the University's employment affirmative action
obligations. The new constitutional amendment permits "action which must
be taken to establish or maintain eligibility for any federal program,
where ineligibility would result in loss of federal funds to the state."

10.Q: How do Proposition 209 and Regents' Resolution affect hiring
"preferences" for minorities and women?

A: Employment affirmative action does not require hiring "preferences" for
minorities and women, nor are preferences appropriate under law. It has
not been UC's policy to give preference to hiring minorities and women
solely on the basis of race, ethnicity, or gender. UC's policy has been
and continues to be to select the individual who possesses the
qualifications to perform the duties of the position most effectively.

11.Q: Are there any situations in which race, religion, sex, color,
ethnicity, or national origin can be considered?

A: Race, ethnicity, and sex are considered in setting affirmative
action goals. As a federal contractor, UC is required to compare its
minority and female workforce to minorities and women with requisite skills
in the labor force. If there is under-utilization of minorities or women in
the UC workforce as compared to the labor force, the University must set
goals (not quotas) to correct the under-utilization, and must make good
faith efforts (not give preferences) toward achieving the goals. These
factors can also be considered when planning a strategy for outreach, in
order to create a diverse pool of applicants.

12.Q: How can good faith efforts towards meeting goals and remedying
under-utilization be achieved without taking into consideration race,
ethnicity, or sex in hiring or training and developing employees?

A: Good faith efforts can be demonstrated by supplementing existing
outreach and recruitment efforts to include qualified minorities and
women in applicant pools, to promote opportunities to participate in
employee training and development programs, and to provide equal
opportunity to compete for positions. Training is another tool that can
be used to demonstrate that the work place welcomes and supports
diversity in the workforce.

13.Q: What are the University's current policies on employment
affirmative action?

A: UC currently has two President's policies on affirmative action,
entitled University of California Nondiscrimination and Affirmative
Action Policy Regarding Academic and Staff Employment; and
Nondiscrimination and Affirmative Action Policy Statement for University
of California Publications Regarding Employment Practices. These two
policies state that in accordance with State and Federal law, UC does not
discriminate on specified enumerated bases; undertakes affirmative action
for under-utilized minorities and women for persons with disabilities,
and for Vietnam era veterans and special disabled veterans; and prepares
and maintains written affirmative action plans. In addition, UC has
academic and staff personnel policies covering nondiscrimination and
affirmative action, as well as personnel policies relating to
affirmative action, such as policies on recruitment, selection,
promotion, and employee development. These personnel policies are
consistent with applicable State and Federal law.

14.Q: How have employee training and development programs at the
University been affected by Proposition 209 and Regents' Resolution SP-2?
A: Those training and development programs which in the past have solely
targeted under-represented minorities and women are now open to all
employees, regardless of race, religion, sex, color, ethnicity, or national
origin. Advertisements for fellowships and other development opportunities
now indicate that all qualified employees are welcome to apply.

Federal regulations require that action-oriented programs be developed to
remedy under-utilization of minorities and women. UC will continue to
develop such programs, but the programs will be open to all employees.

15.Q: Can recruitment advertisements for University positions encourage
minorities and women to apply?

A: Yes. Recruitment advertisements may continue to state that the
University is an "Equal Opportunity/Affirmative Action Employer." It is
also acceptable for advertisements to state that "all qualified applicants
are encouraged to apply, including minorities and women."

16.Q: Will managers still need to be accountable for meeting affirmative
action objectives?

A: Yes. Managers are responsible for making good faith efforts
toward achieving affirmative action goals.

17.Q: What does the Regents' Diversity Commitment statement in Regents'
Resolution SP-2 mean?

A: The Regents' Diversity Commitment was adopted by The Regents to apply to
both the Policy Ensuring Equal Treatment-Admissions (Regents Resolution
SP-1) and the Policy Ensuring Equal Treatment-Employment and Contracting
(Regents Resolution SP-2), and reads:

"Believing California's diversity to be an asset, we adopt this statement:
Because individual members of all of California's diverse races have the
intelligence and capacity to succeed at the University of California, this
policy will achieve a UC population that reflects this state's diversity
through the preparation and empowerment of all students in this state to
succeed rather than through a system of artificial preferences."

The Regents' Diversity Commitment means that The Regents, although
prohibiting the consideration of race, religion, sex, color, ethnicity, or
national origin in UC's employment practices, acknowledge the value of a
diverse workforce.

18.Q: How can a diverse University workforce be achieved without taking
into consideration race, ethnicity, sex, etc.?

A: Although the new constitutional amendment and SP-2 prohibit
consideration of race, ethnicity, gender, etc. in UC's employment
practices, The Regents support outreach and recruitment efforts as a means
for achieving workforce "diversity." By making supplemental efforts to
reach and recruit qualified minority and women applicants, UC can make
progress towards achieving a diverse workforce through affirmative action.

19.Q: What is the difference between "affirmative action" and diversity"?
How does "affirmative action" relate to "diversity"?

A: As discussed in a previous answer, affirmative action is a legal
obligation for UC as a federal contractor. Affirmative action refers to
specific efforts undertaken by the University, such as supplemental
recruitment, designed to promote equal employment opportunity and to create
diverse pools of applicants for University positions. Affirmative action
is applicable to minorities, women, individuals with disabilities,
Vietnam-era veterans, and special disabled veterans, although the setting
of goals for correcting under- utilization applies to minorities and women
only.

Workforce diversity is an organizational and managerial process for
developing an environment which maximizes and values the potential of all
employees. Diversity is a desirable objective but is not a federally
mandated obligation. A diverse workforce is one which reflects all
demographic groups that comprise the general population, encompassing race,
ethnicity and gender as well as religion, national origin, age,
physical/mental abilities, marital status, parental status, sexual
orientation, socioeconomic level, educational background, lifestyle, and
all other demographic characteristics.

Diversity is broader in its implications than affirmative action because it
encompasses all individuals in the various demographic groups found in the
general population.

20.Q: In general, what are the modifications that should be made to the
University's hiring practices as a result of Proposition 209 and Regents'
Resolution SP-2?

A: The following are the modifications to the University's hiring
process that should be made to comply with the new constitutional amendment
and with SP-2, as well as to implement an effective affirmative action
program.

STEPS IN THE HIRING PROCESS       MODIFICATION TO STEPS

Gather Availability and Utilization Data       Remains the Same

Diversity/Cultural Competence Education     Strengthen
for Faculty and Staff Who Have Appointment
Authority

Outreach Activities to Enhance Diversity     Strengthen
of Applicant Pool

Training, Mentorship, and Other Special     Modify to Eliminate
Programs for Potential Appointment       Race & Gender Criteria
or Promotion

The Appointment/Hiring Decision        Modify to Eliminate
                      Race & Gender Criteria

Monitoring Diversity and under utilization     Strengthen
of Faculty and Staff

Evaluation of Those with Appointment       Strengthen
Authority Regarding Good Faith Efforts