Achieving Equity in City Recreation Programs A look at AB 2404
What is AB 2404 Assembly Bill 2404 was signed by Governor Schwarzenegger in Sept ‘05 California became the first state in the nation to enforce the civil rights of girls and community athletics in local jurisdictions and special districts.
AB 2404
In 2015, all California cities must be compliant
Identifies criteria to ensure that discriminatory practices in youth sports programming do not exist
12 Factors of AB 2404 Whether the community youth athletic programs effectively accommodate the athletic abilities of both genders.
The selection of the season for
a sport. The location of games and
practices.
The provision of monies, equipment, and supplies.
Availability of locker rooms.
The scheduling of game and practice times.
The provision of practice and
The opportunity to receive coaching.
The manner of providing
The assignment and compensation of coaches. Access to land and areas available to the City.
competitive facilities. publicity. The quality, training, and
certification standards of umpires, referees, and judges.
Three-Prong Test In order to defeat discrimination claims, a City can show: The percentages of boy and girl athletes are about the same as the percentage of boy and girl residents.
The community has a history and continuing practice of expanding opportunities for the underrepresented gender.
The community is fully and effectively accommodating female athletes’ interests and abilities to participate in sports.
Implementing AB 2404
Self-evaluation – Determine if current policies and practices
are consistent with Title IX
– To the extent that policies and procedures
do not compliance and take appropriate steps to remedy any discrimination that resulted from the inconsistent conduct.
– Self-evaluation and modification process
documentation must be retained for at least three years.
Implementing AB 2404
Dissemination of policy – Regular and consistent notification to all
participants, employees or other involved personnel that discriminatory activities cannot take place in conducting programs. – Proactive communication with all involved
personnel, volunteers and participants identifying policies, anti-discrimination coordinator and grievance procedure demonstrates commitment against discriminatory conduct by local agency.
Implementing AB 2404
Designation of an anti-discrimination coordinator – City should identify one employee to serve
as its AB 2404 compliance coordinator. – This employee must be trained and well
versed in the requirements of AB 2404 and responsible to ensure compliance with applicable policies. – Coordinator’s name business address and
phone number should be communicated to all participants, operators, volunteers and employees of the local athletic programs.
Implementing AB 2404
Adoption of grievance procedures – Establish procedure to promptly and
equitably resolve complaints of discrimination. – The courts have held that the failure to
establish a grievance procedure under Title IX has not, by itself, amounted to discrimination on the basis of sex.
