California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 5 - Contractor Nondiscrimination and Compliance › Article 1 - General Matters › Section 11105 - Nondiscrimination Clause

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each state contract and subcontract shall contain a
						nondiscrimination clause unless specifically exempted pursuant to section
						11111. The governmental body
						awarding the contract may use either clause (a) or clause (b) below. Clause (a)
						will satisfy the requirements of section
						12990 of
						the Government Code only; clause (b) contains language that will satisfy the
						requirements of both the Fair Employment and Housing Act and Article 9.5,
						Chapter 1, Part 1, Division 3, Title 2 of the Government Code (adopted pursuant
						to Government Code sections
						11135-
						11139.8).
						Standardized state form OCP-1, containing clause (a), and OCP-2, containing
						clause (b), will be available through the OCP. These forms may be incorporated
						into a contract by reference and will fulfill the requirement of this section.
						The contracting parties may, in lieu of incorporating form OCP-1 or OCP-2,
						include the required clause in the written contract directly.
Clause (a)
1.
					 During the performance of this contract, contractor and its subcontractors
					 shall not unlawfully discriminate against any employee or applicant for
					 employment because of race, religious creed, color, national origin, ancestry,
					 physical disability, mental disability, reproductive health decisionmaking,
					 medical condition, genetic information, marital status, sex, gender, gender
					 identity, gender expression, age, sexual orientation, or military and veteran
					 status. Contractors and subcontractors shall insure that the evaluation and
					 treatment of their employees and applicants for employment are free of such
					 discrimination. Contractors and subcontractors shall comply with the provisions
					 of the Fair Employment and Housing Act (Gov. Code, §
											12900 et
					 seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs.,
					 tit. 2, §
											11000 et seq.). The applicable
					 regulations of the Civil Rights Council implementing Government Code section
					 12990, set
					 forth in Subchapter 5 of Division 4.1 of Title 2 of the California Code of
					 Regulations are incorporated into this contract by reference and made a part
					 hereof as if set forth in full. Contractor and its subcontractors shall give
					 written notice of their obligations under this clause to labor organizations
					 with which they have a collective bargaining or other agreement.
2. Contractor shall include the
					 nondiscrimination and compliance provisions of this clause in all subcontracts
					 to perform work under the contract.
Clause (b)
1.
					 During the performance of this contract, the recipient, contractor, and its
					 subcontractors shall not deny the contract's benefits to any person on the
					 basis of race, religious creed, color, national origin, ancestry, physical
					 disability, mental disability, medical condition, genetic information, marital
					 status, sex, gender, gender identity, gender expression, age, sexual
					 orientation, or military and veteran status, nor shall they discriminate
					 unlawfully against any employee or applicant for employment because of race,
					 religious creed, color, national origin, ancestry, physical disability, mental
					 disability, reproductive health decisionmaking, medical condition, genetic
					 information, marital status, sex, gender, gender identity, gender expression,
					 age, sexual orientation, or military and veteran status. Contractor shall
					 insure that the evaluation and treatment of employees and applicants for
					 employment are free of such discrimination.
2. Contractor shall comply with the
					 provisions of the Fair Employment and Housing Act (Gov. Code, §
												12900 et
					 seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §
												11000 et seq.), the provisions of
					 Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code
					 (Gov. Code, §§
												11135-
					 11139.8),
					 and the regulations or standards adopted by the awarding state agency to
					 implement such article.
3.
					 Contractor or recipient shall permit access by representatives of the Civil
					 Rights Department and the awarding state agency upon reasonable notice at any
					 time during the normal business hours, but in no case less than 24 hours'
					 notice, to such of its books, records, accounts, and all other sources of
					 information and its facilities as said Department or Agency shall require to
					 ascertain compliance with this clause.
4. Recipient, contractor and its
					 subcontractors shall give written notice of their obligations under this clause
					 to labor organizations with which they have a collective bargaining or other
					 agreement.
5. The contractor shall
					 include the nondiscrimination and compliance provisions of this clause in all
					 subcontracts to perform work under the contract.