18500.

 It is the purpose of this part:

(a) To facilitate the operation of Article VII of the Constitution.

(b) To promote and increase economy and efficiency in the state service.

(c) To provide a comprehensive personnel system for the state civil service, in which:

(1) Positions involving comparable duties and responsibilities are similarly classified and compensated and the compensation relationship between state civil service positions with comparable duties and responsibilities is maintained.

(2) Appointments are based upon merit and fitness ascertained through practical and competitive examination.

(3) State civil service employment is made a career by providing for security of tenure and the advancement of employees within the service insofar as consistent with the best interests of the state.

(4) The rights and interests of the state civil service employee are given consideration insofar as consistent with the best interests of the state.

(5) Applicants and employees are treated in an equitable manner without regard to political affiliation, race, color, sex, religious creed, national origin, ancestry, marital status, age, sexual orientation, disability, political or religious opinions or nonjob-related factors.

(6) Tenure of civil service employment is subject to good behavior, efficiency, the necessity of the performance of the work, and the appropriation of sufficient funds.

19797.

 (a) Each state agency shall develop, update annually, and implement an equal employment opportunity plan which shall, at a minimum, identify the areas of significant underutilization and overutilization of specific groups based on race, ethnicity, and gender, within each department by job category and level, contain an equal employment opportunity analysis of all job categories and levels within the hiring jurisdiction, and include an explanation and specific actions for removing any non-job-related employment barriers.

(b) (1) Each state agency shall, before January 1, 2024, and once every two years thereafter, establish a plan to recruit, attract, and retain employees identified pursuant to subdivision (a). Agency plans shall be submitted to the department.

(2) The department shall, by January 1, 2024, develop and implement a monitoring and compliance program and work closely with state agencies to address deficiencies and provide guidance and recommendations for meeting their goals and other required benchmarks.

19826.

 (a) The department shall establish and adjust salary ranges for each class of position in the state civil service subject to any merit limits contained in Article VII of the California Constitution. The salary range shall be based on the principle that like salaries shall be paid for comparable duties and responsibilities. In establishing or changing these ranges, consideration shall be given to the factors described in subdivision (c) and the prevailing rates for comparable service between classifications, occupational groups, or bargaining units within state civil service, in other public employment, and in private business. The department shall ensure that the principle that like salaries be paid for comparable duties and responsibilities for classifications between bargaining units within state civil service is maintained when determining the distribution of appropriations used for salary adjustment purposes. The department shall make no adjustments that require expenditures in excess of existing appropriations that may be used for salary increase purposes, except the department may make those adjustments if the adjustments are to maintain or restore historical equitable salary relationships between comparable classifications within state civil service. If any salary adjustments are required to maintain or restore equitable salary relationships, the department shall make a change in salary range retroactive to the date of application of this change.

(b) Notwithstanding any other law, the department shall not establish, adjust, or recommend a salary range for any employees in an appropriate unit where an employee organization has been chosen as the exclusive representative pursuant to Section 3520.5.

(c) In determining whether compensation and classification inequities exist between bargaining units within state civil service, the department shall consider any relevant factor, including, but not limited to, all of the following:

(1) The origins and history of the work, including the manner in which wages have been set.

(2) Any social, cultural, or historical considerations.

(3) The extent to which classifications perform functionally related services or work toward established common goals.

(4) The extent to which classifications have common skills, working conditions, job duties, or similar educational or training requirements.

(5) The extent to which the employees have common supervision.

(6) The effect of classifications on the efficiency of operations of the employer.

(7) Any systemic undervaluation of the work as a result of any of the following:

(A) Failure by the parties to properly assess or consider the remuneration that should have been paid to properly account for the nature of the work, the levels of responsibility associated with the work, the conditions under which the work is performed, and the degree of effort required to perform the work.

(B) Lack of effective bargaining in the relevant market, industry, sector, or occupation.

(C) Occupational segregation or occupational segmentation in respect to the work.

(d) The department shall submit to the parties meeting and conferring pursuant to Section 3517 and to the Legislature a report containing the findings of the department relating to the salaries of employees in comparable classifications, occupational groups, or bargaining units within state civil service, in private business, and other public employment. The report shall separate findings related to the salaries of rank-and-file employees from supervisors and managerial classifications within each bargaining unit. The report shall be made as follows:

(1) For Bargaining Units 2, 5, 6, 7, 9, 10, 12, 13, 16, 18, and 19, on February 1, 2025, and biennially thereafter.

(2) For Bargaining Units 1, 3, 4, 5, 8, 11, 14, 15, 17, 20, and 21, on February 1, 2026, and biennially thereafter.

(e) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

19827.2.

 (a) The Legislature, having recognized December 1980 statistics from the U.S. Department of Labor, finds: that 60 percent of all women 18 to 64 are in the workforce, that two-thirds of all those women are either the head of a household or had husbands whose earnings were less than ten thousand dollars ($10,000), and that most women are in the workforce because of economic need; that the average working woman has earned less than the average working man, not only because of the lack of educational and employment opportunities in the past, but because of segregation into historically undervalued occupations where wages have been depressed; and that a failure to reassess the basis on which salaries in state service are established will perpetuate these pay inequities, which have a particularly discriminatory impact on minority and older women; and, therefore, it is the intent of the Legislature in enacting this statute to establish a state policy of setting salaries on the basis of comparability of the value of the work for jobs that employ a higher proportion of females than males.

(b) The department shall evaluate all state civil service classifications in the Personnel Classification Plan and prepare a detailed report on gender and ethnicity pay equity in each classification and bargaining unit where there is an underrepresentation or overrepresentation of women and minorities. The department shall review and analyze existing information, including studies from other jurisdictions that are relevant to setting salaries for state civil service jobs that employ a higher proportion of females than males.

(1) The department shall negotiate salaries to close any gaps found based upon the comparability of the value of the work between state civil service jobs that employ a higher proportion of females than males and state civil service jobs that employ a higher proportion of males than females.

(2) (A) An increase in total compensation resulting from this section shall be implemented through a memorandum of understanding negotiated pursuant to the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1).

(B) Notwithstanding subparagraph (A), failure of the parties to reach agreement for a memorandum of understanding pursuant to the Ralph C. Dills Act does not relieve the state of the duty to adjust total compensation as identified in the review and evaluation required by this section.

(3) The information required by this subdivision shall be provided on an annual basis to the appropriate policy committee of the Legislature and to the parties meeting and conferring pursuant to Section 3517.

(c) In determining whether compensation and classification inequities exist between bargaining units within state civil service and whether work is currently undervalued or has historically been undervalued, the department shall consider any relevant factor, including, but not limited to, all of the following:

(1) The origins and history of the work, including the manner in which wages have been set.

(2) Any social, cultural, or historical considerations.

(3) The extent to which classifications perform functionally related services or work toward established common goals.

(4) The extent to which classifications have common skills, working conditions, job duties, or similar educational or training requirements.

(5) The extent to which the employees have common supervision.

(6) The effect of classifications on the efficiency of operations of the employer.

(7) Any systemic undervaluation of the work as a result of any of the following:

(A) Failure by the parties to properly assess or consider the remuneration that should have been paid to properly account for the nature of the work, the levels of responsibility associated with the work, the conditions under which the work is performed, and the degree of effort required to perform the work.

(B) Lack of effective bargaining in the relevant market, industry, sector, or occupation.

(C) Occupational segregation or occupational segmentation in respect to the work.

(d) The report described in subdivision (b) shall include at least the following:

(1) The department’s efforts that are consistent with existing state and federal law toward meeting the goals of pay equity for women and minorities.

(2) Statistical information for each state civil service classification.

(3) Statistical information for each bargaining unit, separating out the associated supervisory and managerial classes from the rank-and-file classes.

(e) For the purpose of implementing this section, the following definitions apply:

(1) “Salary” means the amount of money or credit received as compensation for service rendered, exclusive of mileage, traveling allowances, and other sums received for actual and necessary expenses incurred in the performance of the state’s business, but including the reasonable value of board, rent, housing, lodging, or similar advantages received from the state.

(2) “Comparability of the value of the work” means the value of the work performed by an employee, or group of employees within a class or salary range, in relation to the value of the work of another employee, or group of employees, to any class or salary range within state service.

(3) “Skill” means the skill required in the performance of the work, including any type of intellectual or physical skill acquired by the employee through experience, training, education, or natural ability.

(4) “Effort” means the effort required in the performance of the work, including any intellectual or physical effort.

(5) “Responsibility” means the responsibility required in the performance of the work, including the extent to which the employer relies on the employee to perform the work, the importance of the duties, and the accountability of the employee for the work of others and for resources.

(6) “Working conditions” means the conditions under which the work of an employee is performed, including physical or psychological factors.

(f) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.