A Case of Gender Discrimination? Benchmarking Gender Discrimination Policies in Public Works

In November 1996, California voters passed the controversial California Civil Rights Initiative (Proposition 209) to abolish race- and gender-preference programs by amending the state constitution. Although the constitutionality of this initiative is being debated in court and the final outcome is still to be decided, the potential impact of such legislation is widespread within the public works agency administration. Historically, public works agencies have developed and defined their workplace protection policies by referencing laws or regulations that were designed to protect employees. However, in the face of initiatives such as Proposition 209, this type of referencing may facilitate gender and/or racial discrimination. This article examines the implications of “incorporation by reference” and alternative methods of effective policy development.