California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256.2-1 - Voluntary Leaving -Good Cause -Deprivation of Equal Employment Opportunities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section interprets Section
						  1256 and
						  1256.2 of the code concerning
						  whether an individual leaves with or without good cause when the leaving of
						  work is due to deprivation by the employer of equal employment opportunities
						  due to the individual's race, color, religious creed, sex, national origin,
						  ancestry, or physical handicap under Section
						  1256.2 of the code, or due to age,
						  medical condition or marital status or other unlawful basis under Section
						  1256 of the code. "Employment
						  opportunities" include, but are not limited to, assignments to jobs, work
						  atmosphere, compensation, including fringe benefits, promotions, transfer,
						  upgrading, rights and duties of employees under work rules, and the terms,
						  conditions or privileges of employment.
(b) Applicable Law. Sections
						  1256 and
						  1256.2 of the code, with respect
						  to equal employment opportunity issues, and this section are to be construed in
						  harmony with and subject to applicable and controlling federal and California
						  law on the subject of equal employment opportunities, including, but not
						  limited to, Section
						  8 of Article 1 of the California
						  State Constitution, the California Fair Employment Practice Act (Sections
						  1410 and following, Labor Code),
						  Titles VI and VII of the Civil Rights Act of 1964, as amended (42 United States Code
						  2000d and
						  2000e), Section
						  1197.5 of the
						  Labor Code relating to equal pay for equal work, the federal Equal Pay Act of
						  1963, as amended (29 United
						  States Code 206(d)), the
						  federal Age Discrimination Employment Act of 1967, as amended (29 United States Code
						  621 et seq.), the federal Rehabilitation Act
						  of 1973, as amended (29
						  United States Code 701 et seq.), and
						  comparable statutes (for pertinent federal regulations, see especially Title
						  29, Code of Federal Regulations, Chapter XIV: Part 1604, Sections
						  1604.1 to
						  1604.10, relating to sex
						  discrimination; Part 1605, Section
						  1605.1, relating to discrimination
						  based on religion; and Part 1606, Section
						  1606.1, relating to discrimination
						  based on national origin).
(c) Bona
						  Fide Occupational Qualification. Under Sections
						  1256 and
						  1256.2 of the code, there is an
						  exception that otherwise prohibited discrimination by an employer is excused if
						  based on a bona fide occupational qualification. The bona fide occupational
						  qualification exception shall be interpreted narrowly, and the burden to
						  establish it shall rest on the party relying upon the exception. Most jobs can
						  be performed equally well by all otherwise qualified persons without regard to
						  race, color, religious creed, sex, national origin, ancestry, physical
						  handicap, age, medical condition, or marital status. Specifications that are
						  clearly job-related even though based on otherwise prohibited discrimination
						  tests are permitted in the rare case where a bona fide occupational
						  qualification can be justified. For example, if a male actor-employee in the
						  movie industry were denied a particular role in a movie where a woman was
						  necessary for the purpose of authenticity or genuineness, sex would be a bona
						  fide occupational qualification, and leaving work due to the denial would be
						  without good cause. Job-related specifications unrelated to prohibited
						  discriminatory classifications are permitted, such as required licenses,
						  permits, special driving or other job skills, and the like. An individual who
						  left work due to denial of pay raises, promotions, or other employment
						  opportunities based on failure to meet such nondiscriminatory job-related
						  specifications would not have good cause for the leaving of work.
(d) Security Clearance. An individual who
						  leaves work because a promotion, pay raise, or other employment opportunity has
						  been denied due to failure to meet applicable security requirements of
						  California or federal law leaves without good cause under Sections
						  1256 and
						  1256.2 of the code.
(e) Other Remedies of Employee. If an
						  individual is intentionally and unlawfully deprived of equal employment
						  opportunities by an employer who persists in the deprivation, and the
						  individual leaves work for this reason, there is good cause for leaving work
						  under Sections
						  1256 and
						  1256.2 of the code even if the
						  individual does not first file a complaint with the state or federal agency
						  with jurisdiction to provide relief for and stop the violation. If the
						  employer's acts are unintentional, however, the individual does not have good
						  cause to leave work due to prohibited deprivation of rights if the individual
						  fails to make reasonable efforts to put the employer on notice and give an
						  opportunity to make adjustments. Reasonable efforts are made if the individual
						  takes reasonable steps to call the matter to the employer's attention, with a
						  reasonable time and opportunity for adjustment, and it is not necessary that
						  the individual file a formal complaint or charge with any state or federal
						  agency to meet the "reasonable efforts" condition.
1. New
							 section filed 4-18-80; effective thirtieth day thereafter (Register 80, No.
							 16).
2. Amendment of subsection (b) filed 1-28-82; effective
							 thirtieth day thereafter (Register 82, No. 5).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								1256
								and
								1256.2,
								Unemployment Insurance Code.