reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 1 - General Matters › Section 11010 - Affirmative Defenses to Employment Discrimination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If employment discrimination is established, this
						employment discrimination is nonetheless lawful where a proper, relevant
						affirmative defense is proved and less discriminatory alternatives are not
						shown to be available. Except where otherwise specifically noted, one or more
						of the following affirmative defenses may be appropriate in a given situation
						to justify the employment practice in question. The following defenses are
						generally referred to in the text of these regulations as "Permissible
						Defenses:"
(a) Bona Fide Occupational
					 Qualification (BFOQ). Where an employer or other covered entity has a practice
					 that on its face excludes an entire group of individuals on a basis enumerated
					 in the Act (e.g., all women or all individuals with lower back defects), the
					 employer or other covered entity must prove that the practice is justified
					 because all or substantially all of the excluded individuals are unable to
					 safely and efficiently perform the job in question and because the essence of
					 the business operation would otherwise be undermined.
(b) Business Necessity. Where an employer or
					 other covered entity has a facially neutral practice that has an adverse impact
					 (i.e., is discriminatory in effect), the employer or other covered entity must
					 prove that there exists an overriding legitimate business purpose such that the
					 practice is necessary to the safe and efficient operation of the business and
					 the challenged practice effectively fulfills the business purpose it is
					 supposed to serve. The practice may still be impermissible where it is shown
					 that there exists an alternative practice that would accomplish the business
					 purpose equally well with a lesser discriminatory impact.
(c) Job-Relatedness. See section
					 11017(e) for the
					 defense of job-relatedness, which is permissible in employee selection
					 cases.
(d) Security Regulations.
					 Notwithstanding a showing of discrimination, an employment practice that
					 conforms to applicable security regulations established by the United States or
					 the State of California is lawful.
(e) Non-Discrimination Plans or Affirmative
					 Action Plans. Notwithstanding a showing of discrimination, an employment
					 practice that conforms to the following is lawful:
(1) A bona fide voluntary affirmative action
					 plan as discussed below in section
					 11011;
(2) A non-discrimination plan, pursuant to
					 Government Code section
					 12990;
					 or
(3) An order of a state or
					 federal court or administrative agency of proper
					 jurisdiction.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 1 - General Matters › Section 11011 - Affirmative Action Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Voluntary action by employers and other covered entities
						is an effective means for eliminating employment discrimination. The Council
						hereby adopts the
Affirmative Action Guidelines
of the federal
						Equal Employment Opportunity Commission (EEOC). [(29 C.F.R. Section
						1608 (1979).)]
1. Change
						without regulatory effect renumbering former section
						7286.8 to new section
						11011 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12935,
						  12940,
						  12941 and
						  12942,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 1 - General Matters › Section 11013 - Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employers and other covered entities are required to
						maintain certain relevant records of personnel actions. Each employer or other
						covered entity subject to this section shall retain at all times at each
						reporting unit, or at company or divisional headquarters, a copy of the most
						recent California Employer Information Report (CEIR) or appropriate substitute
						and applicant identification records for each such unit and shall make them
						available upon request to any officer, agent, or employee of the Council or
						Department.
(a) California Employer
					 Information Report. All employers regularly employing one hundred or more
					 employees, apprenticeship programs with five or more apprentices and at least
					 one sponsoring employer with 25 or more employees and at least one sponsoring
					 union, which operates a hiring hall or has 25 or more members, and labor
					 organizations with 100 or more members shall prepare an annual CEIR in
					 conformity with guidelines on reporting issued by the Department.
(1) Substituting Federal Reports. An employer
					 or other covered entity may utilize an appropriate federal report in lieu of
					 the CEIR. Appropriate federal reports include the EEOC's EEO-1, EEO-2, EEO-3,
					 EEO-4, EEO-5, and EEO-6 reports and appropriate reports filed with the Office
					 of Federal Contract Compliance Programs (OFCCP).
(2) Sample Forms and Guidelines. Appropriate
					 copies of sample forms and applicable guidelines shall be available to any
					 employer or other covered entity from the Civil Rights Department.
(3) Special Reporting. If an employer or
					 other covered entity is engaged in activities for which the standard reporting
					 criteria are not appropriate, special reporting procedures may be required. In
					 such case, the employer or other covered entity should so advise the Department
					 and submit a specific proposal for an alternative reporting system prior to the
					 date on which the report should be prepared. If it is claimed that the
					 preparation of the report would create undue hardship, an employer may apply to
					 the Department for an exemption from the requirements of this
					 section.
(4) Remedy for Failure to
					 Prepare or Make Reports Available. Upon application by the CRC or CRD for
					 judicial relief, any employer failing or refusing to prepare or to make
					 available reports as required under this section may be compelled to do so by a
					 Superior Court of California.
(5)
					 Penalties for False Statements. The willful making of false statements on a
					 CEIR or other required record is a violation of California Government Code
					 section
					 12976, and
					 is punishable by fine or imprisonment as set forth therein.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 2 - Particular Employment Practices › Section 11014 - Statement of Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Certain employment practices have the effect, either
						directly or indirectly, of discriminating against individuals on a basis
						enumerated in the Act. Such practices are discussed in this article and the
						provisions are applicable to all discriminatory actions as more specifically
						discussed in the following articles.
1. Change
						without regulatory effect renumbering former subchapter 2 (sections
						7287.1-7288.3) to new article 2
						(sections 11014-11026), renumbering section
						7287.1 to new section
						11014 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12940,
						  12941 and
						  12942,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 2 - Particular Employment Practices › Section 11015 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Recruitment."
					 The practice of any employer or other covered entity that has the purpose or
					 effect of informing any individual about an employment opportunity, or
					 assisting an individual to apply for employment, an activity leading to
					 employment, membership in a labor organization, acceptance in an apprenticeship
					 training program, or referral by an employment agency.
(b) "Date of Determination to Hire." The time
					 at which an employer or other covered entity has made an offer of employment to
					 the individual.
(c) "Pre-employment
					 Inquiry." Any oral or written request made by an employer or other covered
					 entity for information concerning the qualifications of an applicant for
					 employment or for entry into an activity leading to employment.
(d) "Application." Except for recordkeeping
					 purposes, any writing or other device used by an employer or other covered
					 entity to make a pre-employment inquiry or submitted to an employer or other
					 covered entity for the purpose of seeking consideration for
					 employment.
(e) "Placement." Any
					 status, category, rank, level, location, department, division, program, duty or
					 group of duties, or any other similar classification or position for which an
					 employee can be selected or to which an employee can be assigned by any
					 employment practice. Employment practices that can determine placement in this
					 way include, but are not limited to: hiring, discharge, promotion, transfer,
					 callback, or other change of classification or position; inclusion in
					 membership in any group or organization; any referral assignment to any place,
					 unit, division, status or type of work.
1. Change
						without regulatory effect renumbering former section
						7287.2 to new section
						11015 and amending NOTE filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12940 and
						  12942,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 2 - Particular Employment Practices › Section 11016 - Pre-Employment Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Recruitment.
(1) Duty Not to Discriminate. Any employer or
					 other covered entity engaged in recruitment activity shall recruit in a
					 non-discriminatory manner. However, nothing in these regulations shall preclude
					 affirmative efforts to utilize recruitment practices to attract an individual
					 who is a member of an underrepresented protected class covered by the
					 Act.
(2) Prohibited Recruitment
					 Practices. An employer or other covered entity shall not, unless pursuant to a
					 permissible defense, engage in any recruitment activity that:
(A) Restricts, excludes, or classifies
					 individuals on a basis enumerated in the Act;
(B) Expresses a preference for individuals on
					 a basis enumerated in the Act; or
(C) Communicates or uses advertising methods
					 to communicate the availability of employment benefits in a manner intended to
					 discriminate on a basis enumerated in the Act.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 2 - Particular Employment Practices › Section 11017 - Employee Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Selection and Testing. Any policy or
					 practice of an employer or other covered entity that has an adverse impact on
					 employment opportunities of individuals on a basis enumerated in the Act is
					 unlawful unless the policy or practice is job-related and consistent with
					 business necessity (business necessity is defined in section
					 11010(b)). The
					 Council herein adopts the
Uniform Guidelines on Employee Selection
					 Procedures
promulgated by various federal agencies, including the EEOC
					 and Department of Labor. [ 29 C.F.R. part 1607 (1978)].
(b) Placement. Placements that are less
					 desirable in terms of location, hours or other working conditions are unlawful
					 where such assignments segregate, or otherwise discriminate against individuals
					 on a basis enumerated in the Act, unless otherwise made pursuant to a
					 permissible defense to employment discrimination. An assignment labeled or
					 otherwise deemed to be "protective" of a category of persons on a basis
					 enumerated in the Act is unlawful unless made pursuant to a permissible
					 defense. (See also section
					 11041 regarding permissible
					 transfers on account of pregnancy by employees not covered under Title VII of
					 the federal Civil Rights Act of 1964.)
(c) Promotion and Transfer. An employer or
					 other covered entity shall not restrict information on promotion and transfer
					 opportunities to certain employees or classes of employees when the restriction
					 has the effect of discriminating on a basis enumerated in the Act.
(1) Requests for Transfer or Promotion. An
					 employer or other covered entity who considers bids or other requests for
					 promotion or transfer shall do so in a manner that does not discriminate
					 against individuals on a basis enumerated in the Act, unless pursuant to a
					 permissible defense.
(2) Training.
					 Where training that may make an employee eligible for promotion and/or transfer
					 is made available, it shall be made available in a manner that does not
					 discriminate against individuals on a basis enumerated in the Act.
(3) No-Transfer Policies. Where an employment
					 practice has operated in the past to segregate employees on a basis enumerated
					 in the Act, a no-transfer policy or other practice that has the effect of
					 maintaining a continued segregated pattern is unlawful.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 2 - Particular Employment Practices › Section 11018 - Compensation. (Reserved.)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						7287.5 to new section
						11018 filed 10-3-2013 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2013, No. 40).
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 2 - Particular Employment Practices › Section 11019 - Terms, Conditions and Privileges of Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Fringe Benefits. (Reserved.)
(b) Harassment.
(1) For all purposes related to the Act's
					 protections of individuals from unlawful harassment, the term "employee" shall
					 include unpaid interns, volunteers, and persons providing services pursuant to
					 a contract.
(2) Harassment includes
					 but is not limited to:
(A) Verbal harassment,
					 e.g., epithets, derogatory comments or slurs on a basis enumerated in the
					 Act;
(B) Physical harassment, e.g.,
					 assault, impeding or blocking movement, or any physical interference with
					 normal work or movement, when directed at an individual on a basis enumerated
					 in the Act;
(C) Visual forms of
					 harassment, e.g., derogatory posters, cartoons, or drawings on a basis
					 enumerated in the Act; or
(D)
					 Sexual favors, e.g., unwanted sexual advances, which condition an employment
					 benefit upon an exchange of sexual favors. [See also section
					 11034(f)(1).]
(E) In applying this subsection, the rights
					 of free speech and association shall be accommodated consistently with the
					 intent of this subsection.
(3) Harassment of an applicant or employee by
					 an employer or other covered entity, its agents or supervisors is
					 unlawful.
(4) Harassment of an
					 applicant or employee by an employee other than those listed in subsection
					 (b)(3) above is unlawful if the employer or other covered entity, its agents or
					 supervisors knows of such conduct and fails to take immediate and appropriate
					 corrective action. Proof of such knowledge may be direct or circumstantial. If
					 the employer or other covered entity, its agents or supervisors did not know
					 but should have known of the harassment, knowledge shall be imputed unless the
					 employer or other covered entity can establish that it took reasonable steps to
					 prevent harassment from occurring. Such steps may include affirmatively raising
					 the subject of harassment, expressing strong disapproval, developing
					 appropriate sanctions, informing employees of their right to raise and how to
					 raise the issue of harassment under California law, and developing methods to
					 sensitize all concerned.
(5) An
					 employee who has been harassed on the job by a co-employee should inform the
					 employer or other covered entity of the aggrievement; however, an employee's
					 failure to give such notice is not an affirmative defense.
(6) An employee who engages in unlawful
					 harassment of a co-employee is personally liable for the harassment, regardless
					 of whether the employer knew or should have known of the conduct and/or failed
					 to take appropriate corrective action.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 2 - Particular Employment Practices › Section 11020 - Aiding and Abetting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Prohibited Practices.
(1) It is unlawful to
					 assist any person or individual in doing any act known to constitute unlawful
					 employment discrimination.
(2) It
					 is unlawful to solicit or encourage any person or individual to violate the
					 Act, whether or not the Act is in fact violated.
(3) It is unlawful to coerce any person or
					 individual to commit unlawful employment discrimination with offers of cash,
					 other consideration, or an employment benefit, or to impose or threaten to
					 impose any penalty, including denial of an employment benefit.
(4) It is unlawful to conceal or destroy
					 evidence relevant to investigations initiated by the Department or its
					 staff.
(5) It is unlawful to
					 advertise for employment on a basis prohibited in the Act.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 2 - Particular Employment Practices › Section 11021 - Retaliation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Retaliation
					 Generally. It is unlawful for an employer or other covered entity to demote,
					 suspend, reduce, fail to hire or consider for hire, fail to give equal
					 consideration in making employment decisions, fail to treat impartially in the
					 context of any recommendations for subsequent employment that the employer or
					 other covered entity may make, adversely affect working conditions or otherwise
					 deny any employment benefit to an individual because that individual has
					 opposed practices prohibited by the Act or has filed a complaint, testified,
					 assisted or participated in any manner in an investigation, proceeding, or
					 hearing conducted by the Council or Department or its staff.
(1) Opposition to practices prohibited by the
					 Act includes, but is not limited to:
(A)
					 Seeking the advice of the Department or Council, whether or not a complaint is
					 filed, and if a complaint is filed, whether or not the complaint is ultimately
					 sustained;
(B) Assisting or
					 advising any person in seeking the advice of the Department or Council, whether
					 or not a complaint is filed, and if a complaint is filed, whether or not the
					 complaint is ultimately sustained;
(C) Opposing employment practices that an
					 individual reasonably believes to exist and believes to be a violation of the
					 Act;
(D) Participating in an
					 activity that is perceived by the employer or other covered entity as
					 opposition to discrimination, whether or not so intended by the individual
					 expressing the opposition; or
(E)
					 Contacting, communicating with or participating in the proceeding of a local
					 human rights or civil rights agency regarding employment discrimination on a
					 basis enumerated in the Act.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 2 - Particular Employment Practices › Section 11022 - Association

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It is unlawful
					 for an employer or other covered entity to deny employment benefits to, harass,
					 or intimidate any applicant or employee because the employer or other covered
					 entity disapproves generally of the applicant's or employee's association with
					 individuals because they are in a category enumerated in the Act.
(b) It shall be unlawful for an employer or
					 other covered entity to deny equal consideration to any applicant or employee
					 on the basis that he or she sympathizes with, encourages or participates in
					 groups organized for the protection or assertion of rights protected under the
					 Act.
1. Change
						without regulatory effect renumbering former section
						7287.9 to new section
						11022 and amending NOTE filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12940,
						  12941 and
						  12942,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 2 - Particular Employment Practices › Section 11023 - Harassment and Discrimination Prevention and Correction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employers have an affirmative duty to
					 take reasonable steps to prevent and promptly correct discriminatory and
					 harassing conduct. (Gov. Code, §
											12940(k).)
(1) A determination as to whether an employer
					 has complied with Government Code section
					 12940(k)
					 includes an individualized assessment, depending upon numerous factors
					 sometimes unique to the particular employer including, but not limited to, its
					 workforce size, budget, and nature of its business, as well as upon the facts
					 of a particular case.
(2) There is
					 no stand-alone, private cause of action under Government Code section
					 12940(k).
					 In order for a private claimant to establish an actionable claim under
					 Government Code section
					 12940(k),
					 the private claimant must also plead and prevail on the underlying claim of
					 discrimination, harassment, or retaliation.
(3) However, in an exercise of its police
					 powers, the Department may independently seek non-monetary preventative
					 remedies for a violation of Government Code section
					 12940(k)
					 whether or not the Department prevails on an underlying claim of
					 discrimination, harassment, or retaliation.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 2 - Particular Employment Practices › Section 11025 - Apprenticeship Programs. (Reserved.)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						7288.2 to new section
						11025 filed 10-3-2013 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2013, No. 40).
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 2 - Particular Employment Practices › Section 11026 - Employment Agencies. (Reserved.)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						7288.3 to new section
						11026 filed 10-3-2013 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2013, No. 40).
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 4 - National Origin and Ancestry Discrimination › Section 11027 - Defenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations incorporate the defenses set forth in
						section 11010.
1. Change
						without regulatory effect renumbering former subchapter 3 (reserved) to new
						article 3 (reserved), renumbering former subchapter 4 (sections
						7289.4-7289.5) to new article 4
						(sections 11027-11028), renumbering section
						7289.4 to new section
						11027 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Section
						  12940,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 4 - National Origin and Ancestry Discrimination › Section 11027.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "National
					 origin" includes, but is not limited to, the individual's or ancestors' actual
					 or perceived:
(1) physical, cultural, or
					 linguistic characteristics associated with a national origin group;
(2) marriage to or association with persons
					 of a national origin group;
(3)
					 tribal affiliation;
(4) membership
					 in or association with an organization identified with or seeking to promote
					 the interests of a national origin group;
(5) attendance or participation in schools,
					 churches, temples, mosques, or other religious institutions generally used by
					 persons of a national origin group; and
(6) name that is associated with a national
					 origin group.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 4 - National Origin and Ancestry Discrimination › Section 11028 - Specific Employment Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Language Restrictions.
(1) It is an unlawful employment practice for
					 an employer or other covered entity to adopt or enforce a policy that limits or
					 prohibits the use of any language in the workplace, including, but not limited
					 to, an English-only rule, unless:
(A) The
					 language restriction is justified by business necessity;
(B) The language restriction is narrowly
					 tailored; and
(C) The employer has
					 effectively notified its employees of the circumstances and time when the
					 language restriction is required to be observed and of the consequence for
					 violating the language restriction.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 5 - Sex Discrimination › Section 11029 - General Prohibition Against Discrimination on the Basis of Sex

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Statutory
					 Source. These regulations are adopted by the Civil Rights Council pursuant to
					 sections
					 12935,
					 12940,
					 12943, and
					 12945 of
					 the Government Code.
(b) Statement
					 of Purpose. The purpose of the laws against discrimination and harassment in
					 employment because of sex is to eliminate the means by which individuals, by
					 virtue of their sex, gender identity, or gender expression, are treated
					 differently, paid less, treated adversely based on stereotyping, subjected to
					 conduct of a sexual nature, subjected to hostile work environments, or made to
					 suffer other forms of adverse action, and to guarantee that in the future equal
					 employment benefits will be afforded regardless of the individual's
					 sex.
(c) Incorporation of General
					 Regulations. These regulations pertaining to discrimination on the basis of sex
					 incorporate each of the provisions of Articles 1 and 2 of Subchapter 2, unless
					 a provision is specifically excluded or modified.
1. Change
						without regulatory effect renumbering former subchapter 5 (reserved) to new
						article 5 (reserved), renumbering former subchapter 6 (sections
						7290.6-7291.2) to new article 6
						(sections 11029-11034), renumbering section
						7290.6 to new section
						11029 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Repealer of former article 5
						(reserved), renumbering of former article 6 to article 5 and amendment of
						section heading, section and NOTE filed 12-9-2015; operative 4-1-2016 (Register
						2015, No. 50).
3. Change without regulatory effect amending
						subsection (a) filed 3-20-2023 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2023, No. 12).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12940,
						  12943 and
						  12945,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 5 - Sex Discrimination › Section 11030 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Gender
					 expression" means a person's gender-related appearance or behavior, or the
					 perception of such appearance or behavior, whether or not stereotypically
					 associated with the person's sex assigned at birth.
(b) "Gender identity" means each person's
					 internal understanding of their gender, or the perception of a person's gender
					 identity, which may include male, female, a combination of male and female,
					 neither male nor female, a gender different from the person's sex assigned at
					 birth, or transgender.
(c) "Sex"
					 has the same definition as provided in Government Code section
					 12926,
					 which includes, but is not limited to, pregnancy; childbirth; medical
					 conditions related to pregnancy, childbirth, or breast feeding; gender; gender
					 identity; and gender expression, or perception by a third party of any of the
					 aforementioned.
(d) "Sex
					 Stereotype" includes, but is not limited to, an assumption about a person's
					 appearance or behavior, gender roles, gender expression, or gender identity, or
					 about an individual's ability or inability to perform certain kinds of work
					 based on a myth, social expectation, or generalization about the individual's
					 sex.
(e) "Transgender" is a general
					 term that refers to a person whose gender identity differs from the person's
					 sex assigned at birth. A transgender person may or may not have a gender
					 expression that is different from the social expectations of the sex assigned
					 at birth. A transgender person may or may not identify as
					 "transsexual."
(f) "Transitioning"
					 is a process some transgender people go through to begin living as the gender
					 with which they identify, rather than the sex assigned to them at birth. This
					 process may include, but is not limited to, changes in name and pronoun usage,
					 facility usage, participation in employer-sponsored activities (e.g. sports
					 teams, team-building projects, or volunteering), or undergoing hormone therapy,
					 surgeries, or other medical procedures.
1. Change
						without regulatory effect renumbering former section
						7290.7 to new section
						11030 and amending NOTE filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Amendment of section and
						NOTE filed 12-9-2015; operative 4-1-2016 (Register 2015, No. 50).
3.
						Amendment of subsections (a)-(e) and new subsection (f) filed 5-26-2017;
						operative 7-1-2017 (Register 2017, No. 21).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12921,
						  12926,
						  12940,
						  12943 and
						  12945,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 5 - Sex Discrimination › Section 11031 - Defenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Once employment discrimination on the basis of sex has
						been established, an employer or other covered entity may prove one or more
						appropriate affirmative defenses as generally set forth in section
						11010, including, but not limited
						to, the defense of Bona Fide Occupational Qualification (BFOQ).
(a) Among situations that will not justify
					 the application of the BFOQ defense are the following:
(1) A correlation between individuals of one
					 sex and physical agility or strength;
(2) A correlation between individuals of one
					 sex and height;
(3) Customer
					 preference for employees of one sex;
(4) The necessity for providing separate
					 facilities for one sex;
(5) The
					 fact that an individual is transgender or gender non-conforming, or that the
					 individual's sex assigned at birth is different from the sex required for the
					 job; or
(6) The fact that members
					 of one sex have traditionally been hired to perform the particular type of
					 job.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 5 - Sex Discrimination › Section 11032 - Pre-Employment Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Recruitment and Advertising.
(1) Employers or other covered entities
					 engaged in recruiting activity (see section
					 11015(a)) shall
					 recruit individuals of both sexes for all jobs unless pursuant to a permissible
					 defense.
(2) It is unlawful for any
					 publication or other media to separate listings of job openings into male and
					 female classifications.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 5 - Sex Discrimination › Section 11033 - Employee Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Tests of Physical Agility or Strength. A
					 test of physical agility or strength shall not be used unless the test is
					 administered pursuant to a permissible defense. No applicant or employee shall
					 be refused the opportunity to demonstrate that he or she has the requisite
					 strength or agility to perform the job in question.
(b) Height and Weight Standards.
(1) Use of height or weight standards that
					 discriminate against one sex or the other is unlawful unless pursuant to a
					 permissible defense.
(2) Use of
					 separate height and/or separate weight standards for males and females is
					 unlawful unless pursuant to a permissible defense.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 5 - Sex Discrimination › Section 11034 - Terms, Conditions, and Privileges of Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Compensation.
(1) Except as otherwise required or permitted
					 by regulation, an employer or other covered entity shall not base the amount of
					 compensation paid to an employee, in whole or in part, on the employee's
					 sex.
(2) Equal Compensation for
					 Comparable Work. (Reserved.)
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 6 - Pregnancy, Childbirth or Related Medical Conditions › Section 11036 - Prohibition Against Harassment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As set forth in Government Code sections
						12926 and
						12940, it
						is an unlawful employment practice for any employer with one or more employees
						or other covered entities to harass an employee or applicant because of
						pregnancy or perceived pregnancy, childbirth, breastfeeding, or any related
						medical conditions.
1. Change
						without regulatory effect renumbering former section
						7291.3 to new section
						11036 filed 10-3-2013 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Amendment of section heading
						and section filed 12-9-2015; operative 4-1-2016 (Register 2015, No.
						50).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12926,
						  12940 and
						  12945,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 6 - Pregnancy, Childbirth or Related Medical Conditions › Section 11037 - NO Eligibility Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
There is no eligibility requirement, such as minimum
						hours worked or length of service, before an employee affected or disabled by
						pregnancy is eligible for reasonable accommodation, transfer, or disability
						leave.
1. Change
						without regulatory effect renumbering former section
						7291.4 to new section
						11037 and amending NOTE filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Sections
						  12935(a),
						  Government Code. Reference: Section
						  12945,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 6 - Pregnancy, Childbirth or Related Medical Conditions › Section 11038 - Responsibilities of Covered Entities Other than Employers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless a permissible defense applies, discrimination
						because of pregnancy or perceived pregnancy by any covered entity other than
						employers constitutes discrimination because of sex under Government Code
						sections
						12926,
						12940,
						12943 and
						12944.
1. Change
						without regulatory effect renumbering former section
						7291.5 to new section
						11038 filed 10-3-2013 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12926,
						  12940,
						  12943,
						  12944 and
						  12945,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 6 - Pregnancy, Childbirth or Related Medical Conditions › Section 11039 - Responsibilities of Employers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employer Obligations
(1) Except as excused by a permissible
					 defense, it is unlawful for any employer to:
(A) refuse to hire or employ an applicant
					 because of pregnancy or perceived pregnancy;
(B) refuse to select an applicant or employee
					 for a training program leading to employment or promotion because of pregnancy
					 or perceived pregnancy;
(C) refuse
					 to promote an employee because of pregnancy or perceived pregnancy;
(D) bar or to discharge an applicant or
					 employee from employment or from a training program leading to employment or
					 promotion because of pregnancy or perceived pregnancy;
(E) discriminate against an applicant or
					 employee in terms, conditions or privileges of employment because of pregnancy
					 or perceived pregnancy;
(F) harass
					 an applicant or employee because of pregnancy or perceived pregnancy, as set
					 forth in section
					 11036;
(G) transfer an employee affected by
					 pregnancy over her objections to another position, except as provided in
					 section 11041(c). Nothing
					 in this section prevents an employer from transferring an employee for the
					 employer's legitimate operational needs unrelated to the employee's pregnancy
					 or perceived pregnancy;
(H) require
					 an employee to take a leave of absence because of pregnancy or perceived
					 pregnancy when the employee has not requested leave;
(I) retaliate, discharge, or otherwise
					 discriminate against an applicant or employee because she has opposed
					 employment practices forbidden under the FEHA or because she has filed a
					 complaint, testified, or assisted in any proceeding under the FEHA;
					 or
(J) otherwise discriminate
					 against an applicant or employee because of pregnancy or perceived pregnancy by
					 any practice that is prohibited on the basis of sex.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 6 - Pregnancy, Childbirth or Related Medical Conditions › Section 11040 - Reasonable Accommodation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It is unlawful for an employer to deny a
					 request for reasonable accommodation made by an employee affected by pregnancy
					 if:
(1) The employee's request is based on the
					 advice of her health care provider that reasonable accommodation is medically
					 advisable; and
(2) The requested
					 accommodation is reasonable.
(A) Whether an
					 accommodation is reasonable is a factual determination to be made on a
					 case-by-case basis, taking into consideration such factors, including but not
					 limited to, the employee's medical needs, the duration of the needed
					 accommodation, the employer's legally permissible past and current practices,
					 and other such factors, under the totality of the circumstances.
(B) The employee and employer shall engage in
					 a good faith interactive process to identify and implement the employee's
					 request for reasonable accommodation as set forth in section
					 11050(a).
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 6 - Pregnancy, Childbirth or Related Medical Conditions › Section 11041 - Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Transfer -- All
					 Employers
(1) It is unlawful for an employer
					 who has a policy, practice, or collective bargaining agreement requiring or
					 authorizing the transfer of temporarily disabled employees to less strenuous or
					 hazardous positions or duties for the duration of the disability, including
					 disabilities or conditions resulting from on-the-job injuries, to fail to apply
					 the policy, practice or collective bargaining agreement to transfer an employee
					 who is disabled by pregnancy and who so requests.
(2) It is unlawful for an employer to deny
					 the request of an employee affected by pregnancy to transfer provided that:
(A) The employee's request is based on the
					 advice of her health care provider that a transfer is medically advisable;
					 and
(B) Such transfer can be
					 reasonably accommodated by the employer. To provide a transfer, an employer
					 need not create additional employment that the employer would not otherwise
					 have created, discharge another employee, violate the terms of a collective
					 bargaining agreement, transfer another employee with more seniority, or promote
					 or transfer any employee who is not qualified to perform the new job. An
					 employer may accommodate a pregnant employee's transfer request by transferring
					 another employee, but there is no obligation to do so.
(C) An employer may, but need not, require a
					 medical certification substantiating the employee's need for transfer, as set
					 forth in sections
					 11049(a) and (b),
					 and 11050(b).