California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 3 - Prohibited Practices Relating to All Groups Protected by Article 9.5 › Section 14027 - Standards for Determining Discrimination and Unlawful Denial of Full and Equal Access

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In order to determine whether a practice is discriminatory or unlawfully denies
					 full and equal access, all sources of information may be used, including the
					 sources of information and methods used by state and federal courts and
					 agencies in determining whether a practice is discriminatory or denies full and
					 equal access. The sources of information and methods used by federal courts and
					 agencies shall be considered a floor and not a ceiling, consistent with the
					 objective of Article 9.5 and this subchapter to provide the broadest
					 protections for civil rights.
(b)
					 Practices prohibited by Article 9.5 and this subchapter include facial
					 discrimination, intentional discrimination, disparate impact discrimination,
					 and denial of full and equal access.
(1)
					 Facial discrimination, sometimes referred to express discrimination, is
					 unlawful
per se
under Article 9.5, this subchapter, and other
					 implementing regulations. Such discrimination includes practices that classify
					 individuals and provide them aid, benefits, or services on the basis of their
					 inclusion or exclusion from a protected class, except to the extent they
					 lawfully benefit members of a protected class, such as by being part of a
					 lawful affirmative action plan.
(2)
					 Practices that intentionally discriminate against individuals on the basis of
					 membership in a protected class are prohibited under Article 9.5, this
					 subchapter, and other implementing regulations. Intentional discrimination is
					 established when a protected basis is a motivating factor in taking an adverse
					 action even though other factors may have also motivated the practice.
					 Intentional discrimination may be proved by direct or circumstantial evidence.
					 "Intentional" discrimination includes "purposeful" discrimination.
(3) Disparate impact discrimination is
					 prohibited under Article 9.5, this subchapter, and other implementing
					 regulations. "Disparate impact," "discriminatory effect," and "adverse impact"
					 are used interchangeably. Disparate impact occurs when a facially neutral act
					 or practice, regardless of intent, (a) has an adverse or disproportionate
					 impact, or predictably results in an adverse or disproportionate impact, on
					 members of a protected class; (b) creates, increases, reinforces, or
					 perpetuates discrimination or segregation of members of a protected class; or
					 (c) has the effect of violating any of the other prohibitions in Article 9.5,
					 this subchapter, or other implementing regulations. A practice with a disparate
					 impact may nevertheless still be lawful if supported by a legally sufficient
					 justification, as set out in section
					 14029.