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 10 - Age Discrimination › Section 11076 - Establishing Age Discrimination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employers. Discrimination on the basis of
					 age may be established by showing that a job applicant's or employee's age of
					 40 or older was considered in the denial of employment or an employment
					 benefit. There is a presumption of discrimination whenever a facially neutral
					 practice has an adverse impact on an applicant(s) or employee(s) age 40 or
					 older, unless the practice is job-related and consistent with business
					 necessity as defined in section
					 11010(b). In the
					 context of layoffs or salary reduction efforts that have an adverse impact on
					 an employee(s) age 40 or older, an employer's preference to retain a lower paid
					 worker(s), alone, is insufficient to negate the presumption. The practice may
					 still be impermissible, even where it is job-related and consistent with
					 business necessity, where it is shown that an alternative practice could
					 accomplish the business purpose equally well with a lesser discriminatory
					 impact.
(b) Employment Agencies,
					 Labor Organizations, and Apprenticeship Training Programs in Which the State
					 Participates. Discrimination on the basis of age may be established against
					 employment agencies, labor organizations, and apprenticeship training programs
					 in which the state participates upon a showing that they have engaged in
					 recruitment, screening, advertising, training, job referral, placement or
					 similar activities that discriminate against an individual(s) age 40 or
					 older.
1. Change
						without regulatory effect renumbering former section
						7295.2 to new section
						11076 and amending section and 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 4-14-2020; operative 7-1-2020 (Register 2020, No.
						16).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920,
						  12926 and
						  12941,
						  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 10 - Age Discrimination › Section 11077 - Defenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Defenses.
					 Generally. In addition to any other defense provided herein, once an inference
					 of employment discrimination on the basis of age has been established, an
					 employer or other covered entity may prove one or more appropriate defenses as
					 generally set forth in section
					 11010 of subchapter 2.
(b) Specific Defenses, Exemptions,
					 Permissible Practices. An employment practice that discriminates on the basis
					 of age is permissible, exempted, or has a valid defense:
(1) If the practice is otherwise mandated or
					 permitted by federal or state law that preempts, supersedes, or otherwise takes
					 precedence over the Act;
(2) If the
					 practice, at the time it occurred, was deemed lawful by the terms of one or
					 more sections of this article;
(3)
					 If the practice is declared by one or more sections of this article to be
					 permissible or lawful.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 10 - Age Discrimination › Section 11078 - Pre-Employment Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Recruitment and Advertising.
(1) Recruitment. The provisions of section
					 11016(a) are
					 applicable and are incorporated by reference herein. Generally, during
					 recruitment it is unlawful for employers to refuse to consider applicants
					 because they are age 40 and older. Examples of unlawful requirements include: a
					 maximum experience limitation; a requirement that candidates be "digital
					 natives" (individuals who grew up using technology from an early age); or a
					 requirement that candidates maintain a college-affiliated email address.
					 However, it is lawful for an employer to participate in established recruitment
					 programs with high schools, colleges, universities and trade schools. It is
					 also lawful for employers to utilize temporary hiring programs directed at
					 youth, even though such programs traditionally provide disproportionately few
					 applicants who are age 40 and older. However, exclusive screening and hiring of
					 applicants provided through the above recruitment or temporary programs will
					 constitute discrimination on the basis of age if the programs are used to evade
					 the Act's prohibition against age discrimination.
(2) Advertising. It is unlawful for an
					 employer to either express a preference for individuals under 40 or to express
					 a limitation against individuals age 40 and older when advertising employment
					 opportunities by any means such as the media, employment agencies, and job
					 announcements.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 10 - Age Discrimination › Section 11079 - Pre-Employment Inquiries, Interviews and Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Advertisements. Unless age is a bona fide
					 occupational qualification for the position at issue, advertisements for
					 employment that a reasonable person would interpret as deterring or limiting
					 employment of people age 40 and older are unlawful. (See section
					 11010(a) for the
					 definition of bona fide occupational qualification.) Where there is no bona
					 fide occupational qualification, examples of prohibited advertisements include
					 those that designate a preferred applicant age range or that include terms such
					 as young, college student, recent college graduate, boy, girl, or other terms
					 that imply a preference for employees under the age of 40.
(b) Pre-employment Inquiries. Unless age is a
					 bona fide occupational qualification for the position at issue, pre-employment
					 inquiries that would result in the direct or indirect identification of persons
					 on the basis of age are unlawful. Examples of prohibited inquiries are requests
					 for age, date of birth, or graduation dates, except where age is a bona fide
					 occupational qualification. This provision applies to oral and written
					 inquiries and interviews. (See section
					 11016(b), which is
					 applicable and incorporated by reference herein.) Pre-employment inquiries that
					 result in the identification of persons on the basis of age shall not be
					 unlawful when made for purposes of applicable reporting requirements or to
					 maintain applicant flow data provided that the inquiries are made in a manner
					 consistent with Section
					 11013 (and particularly subsection
					 (b)) of Article 1.
(c)
					 Applications. Unless age is a bona fide occupational qualification for the
					 position at issue, it is discrimination on the basis of age for an employer or
					 other covered entity to reject or refuse to provide equal consideration of the
					 application form, pre-employment questionnaire, oral application, or the oral
					 or written inquiry of an individual because the individual is age 40 or older.
					 (See section
					 11016(c), which is
					 applicable and incorporated by reference herein.)
(1) Subsection (c) prohibits the use of
					 online job applications that require entry of age in order to access or
					 complete an application, or the use of drop-down menus that contain age-based
					 cut-off dates or utilize automated selection criteria or algorithms that have
					 the effect of screening out applicants age 40 and older. Use of online
					 application technology that limits or screens out older applicants is
					 discriminatory unless age is a bona fide occupational qualification. (See
					 section 11010(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 10 - Age Discrimination › Section 11080 - Physical or Medical Examination of Applicants and Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It is not a
					 violation of this article for an employer to require an applicant who is over
					 40 to undergo physical or medical examinations to determine whether or not the
					 applicant meets the job-related physical or medical standards for the position
					 sought so long as such examinations are uniformly and equally required of all
					 applicants for the position, regardless of their age.
(b) It is not a violation of this article for
					 an employer to require an employee who is over 40 to undergo a physical or
					 medical examination at reasonable times and intervals and at the expense of the
					 employer to determine whether or not the employee continues to meet the
					 job-related physical or medical standards for the position held so long as such
					 examinations are uniformly and equally required of all similarly situated
					 employees in the particular job class regardless of their age.
(c) It is discrimination based on age to
					 require an applicant or employee over 40 to meet physical or medical
					 examination standards which are higher than those standards applied to
					 applicants or employees who are below the age of 40 and are seeking or holding
					 the same job.
1. Change
						without regulatory effect renumbering former section
						7295.6 to new section
						11080 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
						  12941(a),
						  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 10 - Age Discrimination › Section 11081 - Employee Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Selection. So long as age is not a
					 factor, this article does not preclude an employer from selecting an individual
					 who is in fact better qualified than other applicants, and it does not preclude
					 an employer from hiring an individual on the basis of experience and training
					 superior to other applicants.
(b)
					 Selection Based Upon Seniority or Prior Service. So long as age is not a
					 factor, it is not a violation of this article for an employer, during the
					 process of selection, to give a candidate who has a record of seniority or time
					 in prior service with that employer preference over a candidate who has no such
					 record or who has less seniority or time in prior service with that employer.
					 However, where candidates for hire have the same record of seniority or time in
					 prior service, it is discrimination based on age, in selecting from among them,
					 to refuse to select a candidate because he or she is over 40.
1. Change
						without regulatory effect renumbering former section
						7295.7 to new section
						11081 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
						  12941,
						  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 10 - Age Discrimination › Section 11082 - Promotions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In selecting a
					 candidate for promotion, it is not, itself, a violation of this article, for an
					 employer to limit the group of eligible candidates to members of the employer's
					 existing workforce or to give a preference in selection to an incumbent
					 employee over a candidate who is not an incumbent employee. However, in
					 evaluating or selecting candidates for promotion from among its existing
					 workforce, it is discrimination on the basis of age for an employer to evaluate
					 unequally or to fail to select a candidate who is over 40 because of the age of
					 the candidate.
(b) In selecting a
					 candidate for promotion, it is not, itself, a violation of this article for an
					 employer to promote a candidate under the age of 40 in preference to a
					 candidate over 40 on the basis of the superior experience and training of the
					 younger candidate, or on the basis of other legitimate reasons, so long as age
					 is not a factor.
(c) It is
					 discrimination on the basis of age for an employer to deny an employee the
					 opportunity to gain the experience and training necessary to achieve promotion,
					 because such employee is over 40.
1. Change
						without regulatory effect renumbering former section
						7295.8 to new section
						11082 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
						  12942(a),
						  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 10 - Age Discrimination › Section 11083 - Terms, Conditions and Privileges of Employment. (Reserved.)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						7295.9 to new section
						11083 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
						  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 10 - Age Discrimination › Section 11084 - Retirement Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Mandatory Retirement--Generally.
					 Generally, it is discrimination on the basis of age for a private employer to
					 discharge or force the retirement of an employee because such employee has
					 reached a certain chronological age over 40.
(b) Retirement Plans Generally. Generally,
					 any provision in a private employer's retirement plan, pension plan, collective
					 bargaining agreement or similar plan or agreement that requires mandatory
					 retirement of an employee over 40 years of age is unlawful.
(c) Mandatory Retirement Permitted. Mandatory
					 retirement of the following employees is not unlawful:
(1) Any employee who has attained 65 years of
					 age and who for the two year period immediately prior to retirement, was
					 employed in a bona fide executive or high policymaking position, providing that
					 at the time of mandatory retirement, the employee is entitled to receive an
					 immediate non-forfeitable annual retirement benefit from the current employer,
					 which equals a minimum of $27,000.00, and is either derived from one or a
					 combination of plans such as profitsharing, pension, savings, or deferred
					 compensation plans.
(2) Any
					 employee who has attained 70 years of age and is a physician employed by a
					 professional medical corporation, the articles or bylaws of which provide for
					 compulsory retirement.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 10 - Age Discrimination › Section 11085 - Procedures for Continuing in Employment Past the Normal Retirement Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where a private employer has a private pension or
						retirement program, the following procedures apply:
(a) Advisory Notice by the Employer. Private
					 employers must advise their employees who are nearing their normal retirement
					 date that if they intend to continue in employment beyond their NRD, they must
					 file a written notice of this intention. The employer's advisory notice should
					 be in writing and should be provided to the employee no later than 90 days
					 prior to the NRD and no earlier than 180 days prior to the NRD. The advisory
					 notice to the employee must clearly indicate when his or her continuation
					 notice, as described in subsection (b), must be submitted.
(b) Continuation Notice by the Employee. An
					 employee of a private employer who wishes to continue working beyond his or her
					 NRD must provide a written notification of this intention to the employer not
					 more than 45 days after the employee receives an advisory notice from the
					 employer as described in subsection (a).
(c) Notice by Employee Following the Normal
					 Retirement Date. An employee continuing in employment past the normal
					 retirement date has an obligation to provide his or her private employer with
					 written notice in advance of the date on which he or she intends to retire from
					 employment. Such notice of retirement should be provided at a reasonable time,
					 no later than 60 days prior to the employee's anticipated date of
					 retirement.
(d) Notice by Private
					 Employer Following the Normal Retirement Date. Where an employee continues in
					 employment beyond his or her NRD, a private employer does not violate this
					 article by periodically sending a written notice to such employee seeking to
					 determine if the employee intends to continue in employment. However, the
					 initial notice of this kind should not be sent to the employee until at least
					 two years following his or her normal retirement date has elapsed. Subsequent
					 thereto, the notice should not be sent more frequently than on an annual
					 basis.
1. Change
						without regulatory effect renumbering former section
						7296.1 to new section
						11085 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
						  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 10 - Age Discrimination › Section 11086 - Termination and Disciplinary Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It is not a violation of this article for
					 an employer to terminate, discharge, dismiss, demote or otherwise discipline an
					 employee over 40 who fails to perform the normal functions of his or her
					 position or who fails to conform to the bona fide requirements of his or her
					 position, so long as the performance standards and job requirements do not
					 discriminate against employees over 40.
(b) Where an employee is continuing in
					 employment beyond his or her normal retirement date, it is not a violation of
					 this article for an employer to terminate, force the retirement of, or
					 otherwise discipline such an employee if the employee's job performance no
					 longer satisfies the employer's performance standards. Any such performance
					 standards for quality of work must not be arbitrary and must not be based upon
					 the age of the employee.
1. Change
						without regulatory effect renumbering former section
						7296.2 to new section
						11086 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: Sections
						  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 11 - California Family Rights Act › Section 11087 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions apply only to this article. The
						definitions in the federal regulations that became effective March 8, 2013
						interpreting the Family and Medical Leave Act of 1993 (FMLA) (29 U.S.C. §
												2601 et seq.) shall also apply to this
						article, to the extent that they are not inconsistent with the following
						definitions:
(a) "Certification" means
					 a written communication from the health care provider of the child, parent,
					 grandparent, grandchild, sibling, spouse, domestic partner, or designated
					 person, or employee with a serious health condition to the employer of the
					 employee requesting a family care leave to care for an aforementioned family
					 member of the employee, or a medical leave for the employee's own serious
					 health condition.
(1) For family care leave
					 for the employee's family member, this certification need not identify the
					 serious health condition involved, but shall contain the information identified
					 in Government Code section
					 12945.2.
(A) the date, if known, on which the serious
					 health condition commenced,
(B) the
					 probable duration of the condition,
(C) an estimate of the amount of time which
					 the health care provider believes the employee needs to care for the family
					 member, and
(D) a statement that
					 the serious health condition warrants the participation of the employee to
					 provide care during a period of treatment or supervision of the family member.
1. "Warrants the participation of the
					 employee," within the meaning of Government Code section
					 12945.2,
					 includes, but is not limited to, providing psychological comfort and arranging
					 third party care for the family member, as well as directly providing, or
					 participating in, the medical care.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 11 - California Family Rights Act › Section 11088 - Right to CFRA Leave: Denial of Leave; Reasonable Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It is an unlawful employment practice for
					 a covered employer to refuse to grant, upon reasonable request, a CFRA leave to
					 an eligible employee.
(b) Denial of
					 leave.
(1) Burden of proof.
Denial of a request for CFRA leave is established if the
						Department or the employee shows, by a preponderance of the evidence, that the
						employer was a covered employer, the employee making the request was an
						eligible employee, the request was for a CFRA-qualifying purpose, the request
						was reasonable, and the employer denied the request for CFRA
						leave.
(2) Reasonable
					 request.
A request to take a CFRA leave is reasonable if it
						complies with any applicable notice requirements, as specified in section
						11091, and if it is accompanied,
						where required, by a certification, as that term is defined in section
						11087(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 11 - California Family Rights Act › Section 11089 - Right to Reinstatement: Guarantee of Reinstatement; Rights upon Return; Refusal to Reinstate; Permissible Defenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Guarantee of Reinstatement.
(1) Upon granting the CFRA leave, the
					 employer shall inform the employee of its guarantee to reinstate the employee
					 to the same or a comparable position, subject to the defenses permitted by
					 section 11089(d), and
					 shall provide the guarantee in writing upon request of the employee.
(2) It is an unlawful employment practice for
					 an employer, after granting a requested CFRA leave, to refuse to reinstate the
					 employee to the same or a comparable position at the end of the leave, unless
					 the refusal is justified by the defenses stated in section
					 11089(d).
(A) An employee is entitled to reinstatement
					 even if the employee has been replaced or the employee's position has been
					 restructured to accommodate the employee's absence.
(B) If an employee is no longer qualified for
					 the position because of the employee's inability to attend a necessary course,
					 renew a license, fly a minimum number of hours, or other non-qualifying reason,
					 as a result of the leave, the employee shall be given a reasonable opportunity
					 to fulfill those conditions upon returning to
					 work.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 11 - California Family Rights Act › Section 11091 - Requests for CFRA Leave: Advance Notice; Certification; Employer Response

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Advance Notice.
(1) Verbal Notice.
Unless an employer waives its employees' notice
						obligations described herein, an employee shall provide at least verbal notice
						sufficient to make the employer aware that the employee needs CFRA leave, and
						the anticipated timing and duration of the leave. The employee need not
						expressly assert rights under CFRA or FMLA or even mention CFRA or FMLA to meet
						the notice requirement; however, the employee must state the reason the leave
						is needed, such as, for example, the expected birth of a child or for medical
						treatment. The mere mention of "vacation," other paid time off, or resignation
						does not render the notice insufficient, provided the underlying reason for the
						request is CFRA-qualifying, and the employee communicates that reason to the
						employer. The employer should inquire further of the employee if necessary to
						determine whether the employee is requesting CFRA leave and to obtain necessary
						information concerning the leave (i.e., commencement date, expected duration,
						and other permissible information). An employee has an obligation to respond to
						an employer's questions designed to determine whether an absence is potentially
						CFRA-qualifying. Failure to respond to permissible employer inquiries regarding
						the leave request may result in denial of CFRA protection if the employer is
						unable to determine whether the leave is CFRA-qualifying.
(A) Under all circumstances, it is the
					 employer's responsibility to designate leave, paid or unpaid, as CFRA or
					 CFRA/FMLA qualifying, based on information provided by the employee or the
					 employee's spokesperson, and to give notice of the designation to the
					 employee.
(B) Employers may not
					 retroactively designate leave as CFRA leave after the employee has returned to
					 work, except with appropriate notice to the employee and where the employer's
					 failure to timely designate does not cause harm or injury to the
					 employee.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 11 - California Family Rights Act › Section 11093 - Relationship Between CFRA Leave and Pregnancy Disability Leave; Relationship Between CFRA Leave and Non-Pregnancy Related Disability Leave

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Separate and
					 Distinct Entitlements.
The right to take a CFRA leave under Government Code
						section
						12945.2 is
						separate and distinct from the right to take a pregnancy disability leave under
						Government Code section
						12945 and
						section 11035 et seq. of the
						regulations.
(b) Serious
					 Health Condition -- Pregnancy.
An employee's own disability due to pregnancy, childbirth
						or a related medical condition is not included as a serious health condition
						under CFRA. Any period of incapacity or treatment due to pregnancy, including
						prenatal care, is included as a serious health condition under
						FMLA.
(c) CFRA Leave after
					 Pregnancy Disability Leave.
At the end of the employee's period(s) of pregnancy
						disability, or at the end of four months of pregnancy disability leave,
						whichever occurs first, a CFRA-eligible employee may request to take CFRA leave
						of up to 12 workweeks for reason of the birth of the employee's child, if the
						child has been born by this date. There is no requirement that either the
						employee or child have a serious health condition in order for the employee to
						take CFRA leave. There is also no requirement that the employee no longer be
						disabled by the employee's pregnancy, childbirth or a related medical condition
						before taking CFRA leave for reason of the birth of the employee's
						child.
(1) Where an employee has
					 utilized four months of pregnancy disability leave prior to the birth of the
					 employee's child, and the employee's health care provider determines that a
					 continuation of the leave is medically necessary, an employer may, but is not
					 required to, allow an eligible employee to utilize CFRA leave prior to the
					 birth of the employee's child. No employer shall, however, be required to
					 provide more CFRA leave than the amount to which the employee is otherwise
					 entitled, but this does not excuse the employer's other obligations under the
					 FEHA, such as the obligation to provide reasonable accommodation under the
					 disability provisions, where applicable.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 11 - California Family Rights Act › Section 11094 - Retaliation and Protection from Interference with CFRA Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any violation of CFRA or these
					 implementing regulations constitutes interfering with, restraining, or denying
					 the exercise of rights provided by CFRA. "Interfering with" the exercise of an
					 employee's rights includes, for example, refusing to authorize CFRA leave and
					 discouraging an employee from using such leave. It would also include an action
					 by a covered employer to avoid responsibilities under CFRA, for example:
(1) Changing the essential functions of the
					 job in order to preclude the taking of leave;
(2) Reducing an employee's hours available to
					 work in order to avoid employee eligibility; and
(3) Terminating an employee when it
					 anticipates an otherwise eligible employee will be asking for a CFRA-qualifying
					 leave in the future.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 11 - California Family Rights Act › Section 11096 - Relationship with FMLA Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To the extent that they are within the scope of
						Government Code section
						12945.2
						and not inconsistent with this article, other state law, or the California
						Constitution, the Council incorporates by reference the federal regulations
						interpreting FMLA that became effective March 8, 2013 ( 29 C.F.R. Part 825 ),
						which govern any FMLA leave that is also a leave under this
						article.
1. Change
						without regulatory effect renumbering former section
						7297.9 to new section
						11096 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Renumbering of former
						section 11096 to new section
						11095 and renumbering and amendment
						of former section
						11097 to section
						11096 filed 3-4-2015; operative
						7-1-2015 (Register 2015, No. 10).
3. Editorial correction of section
						(Register 2015, No. 38).
4. Amendment of NOTE filed 7-6-2020;
						operative 10-1-2020 (Register 2020, No. 28).
5. Change without
						regulatory effect amending NOTE filed 12-30-2020 pursuant to section
						100, title 1, California Code of
						Regulations; effective 1-1-2021 (Register 2021, No. 1). (OAL review extended 60
						calendar days pursuant to Executive Order N-40-20.)
6. Editorial
						correction of HISTORY 5 (Register 2021, No. 3).
Note: Authority cited: Section
						  12935(a),
						  Government Code. Reference: Section
						  12945.2,
						  Government Code; and 29
						  C.F.R. §
														825.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 11 - California Family Rights Act › Section 11098 - Certification Form. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						7297.11 to new section
						11098 and amending section, form
						and NOTE filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Renumbering of former
						section 11098 to section
						11097 filed 3-4-2015; operative
						7-1-2015 (Register 2015, No. 10).
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 11099 - Office of Compliance Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Creation and Authority. The Civil Rights
					 Department (CRD) is responsible for the administration of policies, the
					 implementation of standards, and the enforcement of the rules and regulations
					 set forth in this subchapter. CRD has created the Office of Compliance Programs
					 (OCP) to carry out these responsibilities. The OCP will operate under the
					 procedures established in this subchapter as well as under other procedures of
					 the Council as set out in this chapter.
(b) Administrator. The OCP will operate under
					 the direction of an Administrator of Compliance Programs, who shall be
					 appointed by and be responsible to the Director of the Department. The
					 Administrator will have direct responsibility for the appointment of staff and
					 the organization and operation of the OCP consistent with the terms of the Act
					 and the provisions of this subchapter.
1. Change
						without regulatory effect renumbering former chapter 3 (reserved) to new
						subchapter 3 (reserved), repealing, reserving and renumbering former chapter 4
						(sections 7400-7438) to new subchapter 4
						(reserved), renumbering former chapter 5 (subchapters 1-5) to new subchapter 5
						(articles 1-5), renumbering former subchapter 1 (sections
						8101-8120) to new article 1
						(sections 11099-11117), renumbering former
						section 8101 to new section
						11099 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Change without regulatory
						effect subsection (a) filed 3-20-2023 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2023, No. 12).
Note: Authority cited: Sections
						  12935(a)
						  and
						  12990(d),
						  Government Code. Reference: Section
						  12990,
						  Government Code.
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 11101 - Nondiscrimination Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
State contracts exempt from the requirements of section
						11105 shall include, as an express
						or implied term, the term set out in either section
						11105 clause (a) or clause (b).
						Breach of this term of contract may constitute a material breach of the
						contract and may result in the imposition of sanctions by the awarding agency
						and/or decertification from future opportunities to contract with the
						state.
1. Change
						without regulatory effect renumbering former section
						8102.5 to new section
						11101 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Amendment filed 12-9-2015;
						operative 4-1-2016 (Register 2015, No. 50).
Note: Authority cited: Sections
						  12935(a)
						  and
						  12990(d),
						  Government Code. Reference: Section
						  12990,
						  Government Code.
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 11102 - Requirement of Nondiscrimination Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All employers who are, or wish to become, contractors
						with the state must develop and implement a nondiscrimination program as
						defined in section
						11103 of this subchapter unless
						specifically exempted pursuant to section
						11111 of this
						subchapter.
1. Change
						without regulatory effect renumbering former section
						8103 to new section
						11102 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Sections
						  12935(a)
						  and
						  12990(d),
						  Government Code. Reference: Section
						  12990,
						  Government Code.
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 11104 - Prima Facie Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Compliance with a nondiscrimination program subject to
						review and approval by a federal compliance agency shall constitute prima facie
						evidence that a contractor has complied with the requirements of sections
						11102 and
						11103, unless the federal agency
						has found that the program is not in compliance with federal law, in which case
						compliance with a current federal commitment letter or conciliation agreement
						shall constitute prima facie evidence that a contractor has complied with the
						requirements of sections
						11102 and
						11103. Such prima facie evidence
						can be rebutted by a preponderance of the evidence to the
						contrary.
1. Change
						without regulatory effect renumbering former section
						8106 to new section
						11104 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Amendment filed 12-9-2015;
						operative 4-1-2016 (Register 2015, No. 50).
Note: Authority cited: Sections
						  12935(a)
						  and
						  12990(d),
						  Government Code. Reference: Section
						  12990,
						  Government Code.
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 11106 - Subcontracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The contractor shall include the nondiscrimination clause
						in its contract in all subcontracts to perform work under the contract, either
						directly or by incorporation by reference. Any such incorporation by reference
						shall be specific and prominent.
1. Change
						without regulatory effect renumbering former section
						8108 to new section
						11106 filed 10-3-2013 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Sections
						  12935(a)
						  and
						  12990(d),
						  Government Code. Reference: Section
						  12990,
						  Government Code.
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 11107 - Enforcement of Clause

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The nondiscrimination clause in state contracts and
						subcontracts shall be fully and effectively enforced. Any breach of its terms
						may constitute a material breach of the contract and may result in the
						imposition of sanctions against the contractor, including but not limited to
						cancellation, termination, or suspension of the contract in whole or in part,
						by the contract awarding agency or decertification from future opportunities to
						contract with the State of California by CRD.
1. Change
						without regulatory effect renumbering former section
						8109 to new section
						11107 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Change without regulatory
						effect amending section filed 3-20-2023 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2023, No. 12).
Note: Authority cited: Sections
						  12935(a)
						  and
						  12990(d),
						  Government Code. Reference: Section
						  12990,
						  Government Code.
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 11108 - Contract Awarding Agency, Unresponsive Bids

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A contract awarding agency shall refuse
					 to accept a bid or proposal on a state contract subject to this chapter when
					 the bid is unaccompanied by a statement of compliance pursuant to section
					 11109 and shall declare any such
					 bid or proposal unresponsive.
(b) A
					 contract awarding agency shall declare unresponsive any bid or proposal on a
					 state contract that is submitted by a contractor on OCP's list of decertified
					 contractors.
1. Change
						without regulatory effect renumbering former section
						8112 to new section
						11108 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Sections
						  12935(a)
						  and
						  12990(d),
						  Government Code. Reference: Section
						  12990,
						  Government Code.
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 11109 - Statement of Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As a part of its bid, an eligible
					 prospective contractor that bids on a state contract must submit a statement
					 under penalty of perjury to the awarding agency that it has complied with the
					 requirement of section
					 11102 of this subchapter.
(b) No state contract, unless otherwise
					 exempted pursuant to section
					 11111, shall be awarded by any
					 contract awarding agency unless the prospective contractor has filed with the
					 agency as a part of its bid a statement, made under penalty of perjury, that
					 the prospective contractor has complied with the requirements of section
					 11102 of this subchapter.
1. Change
						without regulatory effect renumbering former section
						8113 to new section
						11109 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
Note: Authority cited: Sections
						  12935(a)
						  and
						  12990(d),
						  Government Code. Reference: Section
						  12990,
						  Government Code.
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 11110 - Subcontracting Prohibited with Ineligible Entities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) OCP shall establish and maintain a list
					 of decertified contractors, which shall be updated monthly and published in the
					 first California Notice Register published each month.
(b) No contractor with the State of
					 California shall, during the performance of any contract with the State, enter
					 into any subcontract with any person listed on OCP's list of decertified
					 contractors during the month in which the bid is submitted.
(c) Subcontracting with a decertified
					 contractor in violation of the provisions of this section may constitute a
					 material breach of the contract and may result in the imposition of sanctions
					 against the contractor, including but not limited to cancellation, termination,
					 or suspension of the contract, in whole or in part by the awarding agency, or
					 decertification by the CRD. Specific knowledge of the unlawfulness of the
					 subcontract is not required to establish a breach, but will be considered by
					 OCP and the contract awarding agency in their determination of the appropriate
					 sanctions.
1. Change
						without regulatory effect renumbering former section
						8114 to new section
						11110 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Change without regulatory
						effect amending subsection (c) filed 3-20-2023 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2023, No. 12).
Note: Authority cited: Sections
						  12935(a)
						  and
						  12990(d),
						  Government Code. Reference: Section
						  12990,
						  Government Code.