California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 3 - Prohibited Practices Relating to All Groups Protected by Article 9.5 › Section 14026 - Discriminatory Practices and Unlawful Denial of Full and Equal Access

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 It is a prohibited practice for any covered entity, in carrying out or failing
					 to carry out any program or activity or providing, denying, or delaying any
					 services or benefits directly or indirectly through contractual, licensing or
					 other arrangements, to treat in purpose or effect any person unfavorably
					 without legal justification on the basis of the protected class of the person,
					 including by:
(1) denying a person the
					 opportunity or right to apply for, receive the benefits of, or participate in a
					 program or activity;
(2) affording
					 a person the opportunity or right to apply for, receive the benefits of, or
					 participate in a program or activity that is not full and equal to the program
					 or activity afforded others;
(3)
					 providing a program or activity to a person that is not as effective in
					 affording a full and equal opportunity to obtain the same result, to gain the
					 same benefit, or to reach the same level of achievement as that provided to
					 others. In some situations, identical treatment may be
					 discriminatory;
(4) providing
					 different or separate programs or activities to a person, or to any class of
					 persons, than is provided to others, or providing programs or activities at a
					 different time, unless such action is clearly necessary to provide such persons
					 with full and equal access to as truly effective a program or activity as that
					 provided to others;
(5) aiding or
					 perpetuating discrimination against a person by providing or transferring state
					 support to a covered entity that discriminates in conduct, operation, or
					 administration of any program or activity;
(6) excluding a person from participation as
					 a member of a planning or advisory board. Under this requirement, it is a
					 discriminatory practice for a covered entity to fail to make reasonable efforts
					 to achieve a representative board. However, such requirement is not deemed to
					 impose adherence to a quota system;
(7) limiting a person in the exercise or
					 enjoyment of any right, privilege, advantage, or opportunity enjoyed by others
					 participating in or receiving any aid, benefit, or service resulting from a
					 program or activity;
(8) denying a
					 person the opportunity to participate in programs or activities that are not
					 separate or different, despite the existence of permissibly separate or
					 different programs or activities;
(9) utilizing criteria or methods of
					 administration that:
(A) subject a person to
					 discrimination on the basis of membership in, perception of membership in, or
					 association with someone in a protected class;
(B) defeat or substantially impair the
					 accomplishment of the objectives of the covered entity's program or activity
					 with respect to membership in a protected class. The objectives of a program or
					 activity shall include its overall mission or purpose as reflected in sources,
					 such as relevant statutes, legislative intent and history, and
					 regulations;
(C) create, increase,
					 reinforce, or perpetuate discrimination or segregation by another covered
					 entity based on membership in a protected class; or
(D) create, increase, reinforce, or
					 perpetuate discrimination or segregation based on membership in a protected
					 class.
(10) making or
					 allowing selections or closures of sites or locations of facilities, or making,
					 issuing, or denying permits for programs, services, activities, or facilities
					 that:
(A) exclude from, deny the benefits of,
					 or otherwise subject persons to discrimination under any program or
					 activity;
(B) defeat or
					 substantially impair the accomplishment of the objectives of the program or
					 activity with respect to membership in a protected class.
(11) interfering with admittance to or
					 enjoyment of public facilities or the rights of an individual with a disability
					 under any program or activity.