Chapter 18Bidding and Outreach Programs

Section § 7400

Explanation

This section of the law says that California's government agencies cannot discriminate or give special treatment based on race, sex, color, ethnicity, or national origin in public jobs, education, and contracts. However, it does allow these agencies to actively recruit minorities and women if they're underrepresented in entry-level jobs. The goal is to increase diversity and competition in hiring and contracting, ultimately saving money and getting better work. Agencies should use various media outlets and job events to inform and attract a diverse pool of applicants.

(a)Copy CA Government Code § 7400(a)
(1)Copy CA Government Code § 7400(a)(1) The Legislature finds and declares that subdivision (a) of Section 31 of Article I of the California Constitution prohibits state and local government agencies from discriminating against or granting 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, and public contracting. The Legislature finds that this prohibition does not prevent governmental agencies from engaging in inclusive public sector outreach and recruitment programs that, as a component of general recruitment, may include, but not be limited to, focused outreach and recruitment of minority groups and women if any group is underrepresented in entry level positions of a public sector employer.
(2)CA Government Code § 7400(a)(2) The Legislature also finds and declares that increasing the number of businesses that participate in the bidding process in public contracting results in more vigorous competition, and thus assists state and local agencies in obtaining the desired quality of work at a lower cost.
(3)CA Government Code § 7400(a)(3) It is the intent of this section that all governmental agencies shall engage in general recruitment and outreach programs to all individuals, including persons who are economically disadvantaged.
(b)CA Government Code § 7400(b) For purposes of this section, underrepresentation shall be determined by comparing the minority group or the number of women at the governmental agency with that group’s representation in the current civilian labor force in the jurisdiction of the governmental agency.
(c)CA Government Code § 7400(c) State government employment shall use current state civilian labor force data to implement this section.
(d)CA Government Code § 7400(d) It is the intent of this section to allow public sector employers to conduct outreach efforts with a goal of supplementing word-of-mouth recruitment that should result in increasing diversity of the public sector workforce.
(e)CA Government Code § 7400(e) The type of recruitment activities allowed would include, but not be limited to, placement of job announcements in the following media instruments:
(1)CA Government Code § 7400(e)(1) General circulation newspapers, general circulation publications, and general market radio and television stations, including electronic media.
(2)CA Government Code § 7400(e)(2) Local and regional community newspapers.
(3)CA Government Code § 7400(e)(3) Newspapers, publications, and radio and television stations that provide information in languages other than English and whose primary audience is residents of minority and low-income communities.
(4)CA Government Code § 7400(e)(4) Publications, including electronic media, that are distributed to the general market and to newspapers, publications, and radio and television stations whose primary audience is comprised of minority groups or women.
(5)CA Government Code § 7400(e)(5) Recruitment booths at job fairs or conferences oriented to both the general market and the economically disadvantaged as well as those events drawing a significant participation by minorities or women.
discrimination prohibition preferential treatment public sector outreach inclusive recruitment minority representation entry-level positions bidding process competition economic disadvantage civilian labor force data diversity in workforce recruitment media outlets community newspapers non-English media minority-focused job fairs diversity goals in hiring
(Added by Stats. 2016, Ch. 870, Sec. 2. (SB 1442) Effective January 1, 2017.)

Section § 7401

Explanation

This law section allows state and local departments in California to actively seek out and engage minority and small businesses for government contracts. The aim is to increase diversity in state procurement efforts. Departments can hold targeted outreach events to encourage participation from minority-owned, women-owned, and veteran-owned businesses.

They can do this by sharing bidding opportunities with small business associations and ethnic chambers of commerce, advertising in targeted publications, and using small business advocates to connect with relevant business groups.

(a)CA Government Code § 7401(a) The Governor’s Task Force on Diversity and Outreach, in its August 1, 2000, report, concluded that data on minority business participation is not currently available, and that lack of useful data on minority business participation in state contracting is an overarching issue to be addressed.
(b)CA Government Code § 7401(b) In contracting for and procuring goods, services, information technology, construction, architecture, and engineering consulting, and other consulting services, state and local departments and agencies are authorized to engage in focused outreach activities in addition to general outreach, for purposes of increasing participation by California’s small business sector and increasing diversity in the state’s contracting and procurement activities.
(c)CA Government Code § 7401(c) Outreach activities may include, but are not limited to, the following:
(1)CA Government Code § 7401(c)(1) Invitations to bid distributed by state and local departments and agencies to state and local small business and trade associations and chambers of commerce, including ethnic chambers of commerce, and other business and professional associations, including professional minority, women, and disabled veteran-owned businesses and professional groups and associations, as appropriate.
(2)CA Government Code § 7401(c)(2) Publication of advertising concerning state and local contracting and procurement opportunities in trade papers and other publications focusing on small business enterprises, including publications and newspapers in languages other than English and those whose primary readership is minority, women, or disabled veteran-owned businesses.
(3)CA Government Code § 7401(c)(3) Outreach by small business advocates in each state or local government department or agency to state and local small business and trade associations and chambers of commerce, including ethnic chambers of commerce, and other business and professional associations, including professional minority, women, and disabled veteran-owned businesses and professional groups and associations, as appropriate.
minority business participation state contracting diversity outreach small business sector government contracts targeted outreach minority-owned businesses women-owned businesses veteran-owned businesses procurement opportunities chambers of commerce trade associations small business advocates advertising multilingual publications
(Added by Stats. 2016, Ch. 870, Sec. 2. (SB 1442) Effective January 1, 2017.)