California Legislature—2013–14 Regular Session

Assembly Bill No. 2350

Introduced by Assembly Member Bonilla

February 21, 2014

An act to amend Section 66281.5 of the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2350, as introduced, Bonilla. Postsecondary education: Equity in Higher Education Act: prevention of pregnancy discrimination.

Existing law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of California’s public and independent segments of higher education and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable.

A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act declares, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state.

This bill would express various legislative findings and declarations relating to pregnancy discrimination. The bill would add to the Equity in Higher Education Act a provision specifying that this policy of freedom from discrimination includes, but is not limited to, freedom from pregnancy discrimination as described in a specified federal statute.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Title IX of the Education Amendments of 1972 (20 U.S.C.
Sec. 1681, et seq.) is best known for providing equity to female
and male athletics, but it also specifically addresses pregnancy
discrimination.

(b) In 2012, the Obama administration began an initiative to
increase the number of women in the science, technology,
engineering, and mathematics (STEM) fields. President Obama
tasked the United States Department of Education to lead an
initiative with the Department of Justice, the Department of Energy,
the National Aeronautics and Space Administration, the National
Science Foundation, and the Department of Health and Human
Services to create a common guidance program to ensure that grant
recipients are complying with Title IX.

(c) The federal initiative focuses on women scientists, but Title
IX compliance is also incredibly important across all academic
fields at all colleges and universities.

(d) Preventing pregnancy discrimination in the STEM fields is
particularly important because it is known to hinder the
advancement of women in these fields. For example, even though
women represent between 35 and 40 percent of graduate students
in chemistry, less than 13 percent of faculty at the top 50
universities in the United States are women.

(e) According to a survey of doctorate recipients by the National
Science Foundation, “women who are married with children in
the sciences are 35 percent less likely to enter a tenure track
position after receipt of their Ph.D. than married men with children,
and they are 27 percent less likely than their male counterparts to
achieve tenure upon entering a tenure track job.”

(f) The same phenomenon has appeared in non-STEM fields,
as studies indicate that married mothers who earn Ph.D.s are 28
percent less likely to obtain a tenure track job than are married
men with children who earn Ph.D.s.

(g) Graduate students and postdoctoral students are typically
considered to be students, trainees, or fellows, and are therefore
not eligible for the Family Medical Leave Act or paid family leave,
which would provide for leave during the birth of a child. Most of
these “students” must do research or teach in order to fulfill the
requirements of their graduate programs.

(h) Many universities and colleges are not in compliance with
Title IX, and students are unaware that they are protected from
pregnancy discrimination.

(i) Preventing pregnancy discrimination against graduate
students and postdoctoral students is important for both genders
so that both men and women can bond with new children and have
a framework with which to approach these discussions with their
academic institutions.

SEC. 2.  

Section 66281.5 of the Education Code is amended to
read:

66281.5.  

(a)  begin insert (1) end insert begin insert   end insert It is the policy of the State of California,
pursuant to Section 66251, that all persons, regardless of their sex,
should enjoy freedom from discrimination of any kind begin insert , including,
but not limited to, pregnancy discrimination as described in Title
IX of the Education Amendments of 1972 end insert begin insert (20 U.S.C. Sec. 1681, et
seq.), end insert in the postsecondary educational begin delete institution end delete begin insert institutions end insert of
the state. begin delete The end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert purpose of begin delete this section end delete begin insert subdivisions (b) to (g), inclusive end insert begin insert , end insert
is to provide notification of the prohibition against sexual
harassment as a form of sexual discrimination and to provide
notification of available remedies.

(b) Each postsecondary educational institution in the State of
California shall have a written policy on sexual harassment. It is
the intent of the Legislature that each educational institution in
this state include this policy in its regular policy statement rather
than distribute an additional written document.

(c) The postsecondary educational institution’s written policy
on sexual harassment shall include information on where to obtain
the specific rules and procedures for reporting charges of sexual
harassment and for pursuing available remedies.

(d) A copy of the postsecondary educational institution’s written
policy on sexual harassment shall be displayed in a prominent
location in the main administrative building or other area of the
campus or schoolsite. “Prominent location” means that location,
or those locations, in the main administrative building or other
area where notices regarding the institution’s rules, regulations,
procedures, and standards of conduct are posted.

(e) A copy of the postsecondary educational institution’s written
policy on sexual harassment, as it pertains to students, shall be
provided as part of any orientation program conducted for new
students at the beginning of each quarter, semester, or summer
session, as applicable.

(f) A copy of the postsecondary educational institution’s written
policy on sexual harassment shall be provided for each faculty
member, all members of the administrative staff, and all members
of the support staff at the beginning of the first quarter or semester
of the school year, or at the time that there is a new employee
hired.

(g) A copy of the postsecondary educational institution’s written
policy on sexual harassment shall appear in any publication of the
institution that sets forth the comprehensive rules, regulations,
procedures, and standards of conduct for the institution.