reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 1 - Procedures of the Civil Rights Department › Subchapter 3 - Office of Compliance Programs › Article 1 - OCP Review Procedures › Section 10251 - OCP Review Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to monitor the equal employment practices of
						contractors and their compliance with the requirements of subchapter 5 of
						chapter 5, contractors shall be subject to review. Contractors may be selected
						for review on the basis of any specific neutral criteria contained in a general
						administrative plan for the enforcement of subchapter 5 of chapter 5.
(a) Desk Review. All contracts shall be
					 subject to desk reviews conducted by and at the discretion of OCP. A desk
					 review will involve a review of the applicable contract(s), the information
					 required of the contractor pursuant to section
					 11128 or
					 11131 of these regulations, the
					 compliance with and implementation of the program required by subchapter 5 of
					 chapter 5, and any additional related information required by OCP. In addition,
					 OCP may review the current and past personnel procedures and practices of a
					 contractor whenever such a review is, within the discretion of OCP, considered
					 appropriate.
(b) Field Review. OCP
					 may conduct a field review of a contractor's workplace. Field reviews will be
					 made during contractor's regular business hours. OCP shall notify the
					 contractor of its intent to conduct a field review under this section and shall
					 arrange a mutually convenient time to conduct it.
(c) A contractor will not be selected for a
					 routine desk or field review if it has been the subject of such a review within
					 the preceding 24 months and was found to be in compliance. Prior review will
					 not exempt a contractor from compliance investigations conducted pursuant to
					 section 10252, or follow-up desk or field
					 reviews.
1. Change
						without regulatory effect renumbering former section
						8401 to new section
						11134 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Renumbering and amendment of
						former section
						11134 to new section
						10251 filed 12-9-2015; operative
						4-1-2016 (Register 2015, No. 50).
3. Editorial correction restoring
						correct subsection hierarchy (Register 2022, No.
						16).
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 1 - Procedures of the Civil Rights Department › Subchapter 3 - Office of Compliance Programs › Article 1 - OCP Review Procedures › Section 10252 - Compliance Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) OCP may conduct a compliance
					 investigation of a contractor's employment practices for the purpose of
					 determining whether the contractor holding a state contract is acting or has
					 acted in violation of the nondiscrimination and compliance requirements imposed
					 by subchapter 5 of chapter 5. Investigations under this section shall involve a
					 detailed review of the contractor's entire employment practices and procedures.
					 Investigations under this section may be conducted when the Administrator
					 determines a pattern of unlawful discrimination in employment may have occurred
					 within the past twelve months or be ongoing. Such a determination shall be in
					 writing and shall be based upon:
(1) A
					 complaint by a contract awarding agency; or
(2) The results of the regular compliance
					 review activities of the OCP; or
(3) A notice of any complaint of employment
					 discrimination filed pursuant to section
					 11117 of subchapter 5 of chapter 5
					 or Government Code section
					 12960;
					 or
(4) The failure of the
					 contractor to provide compliance information required by subchapter 5 of
					 chapter 5 or reasonably requested by OCP.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 1 - Procedures of the Civil Rights Department › Subchapter 3 - Office of Compliance Programs › Article 1 - OCP Review Procedures › Section 10253 - Letters of Commitment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, in the course of a compliance investigation, OCP
						concludes that a contractor may be in violation of the provisions of subchapter
						5 of chapter 5, OCP and the contractor may informally agree to resolve the
						identified deficiencies through the mechanism of a written letter of
						commitment. The letter of commitment shall set forth the deficiencies
						identified by OCP, the action the contractor shall take to correct the
						deficiencies, and the time by which the corrective action shall be taken and
						the deficiencies resolved.
1. Change
						without regulatory effect renumbering former section
						8403 to new section
						11136 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Renumbering and amendment of
						former section
						11136 to new section
						10253 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 1 - Procedures of the Civil Rights Department › Subchapter 3 - Office of Compliance Programs › Article 2 - OCP Enforcement Proceedings › Section 10254 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article sets forth the enforcement procedures to be
						followed by OCP in implementing subchapter 5 of chapter 5.
1. Change
						without regulatory effect renumbering former subchapter 5 (sections
						8500-8504) to new article 5
						(sections 11137-11141), renumbering former
						section 8500 to new section
						11137 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Renumbering of former
						chapter 5, subchapter 5, article 5 (sections
						11137-11141) to new chapter 1,
						subchapter 3, article 2 (sections
						10254-10258) and renumbering and
						amendment of former section
						11137 to new section
						10254 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 1 - Procedures of the Civil Rights Department › Subchapter 3 - Office of Compliance Programs › Article 2 - OCP Enforcement Proceedings › Section 10255 - Show Cause Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When the Administrator has reasonable cause to believe that a contractor
					 performing under a state contract is in violation of the nondiscrimination and
					 compliance requirements imposed by subchapter 5 of chapter 5 or is in violation
					 of a letter of commitment or conciliation agreement, he or she may issue a
					 notice requiring the contractor to show cause before a hearing officer, why
					 appropriate action to ensure compliance should not be instituted. The show
					 cause notice shall specifically state the contractor's noncompliance and any
					 recommended sanctions. The show cause notice shall be dated and served on the
					 contractor personally or by registered mail, and such service shall constitute
					 notice to the contractor of the deficiencies. In addition, the show cause
					 notice shall be served by ordinary first class mail on the contract awarding
					 agency. A hearing on the show cause notice shall be held no sooner than the
					 30th day after the issuance of the show cause notice but shall be at the
					 earliest date OCP can reasonably schedule the hearing.
(b) During the 30 day show cause period, OCP
					 and the contractor shall make every effort to resolve the deficiencies that led
					 to the issuance of the show cause notice through conciliation, mediation, and
					 persuasion.
1. Change
						without regulatory effect renumbering former section
						8501 to new section
						11138 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Renumbering and amendment of
						former section
						11138 to new section
						10255 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 1 - Procedures of the Civil Rights Department › Subchapter 3 - Office of Compliance Programs › Article 2 - OCP Enforcement Proceedings › Section 10256 - Conciliation Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the discretion of the Administrator, deficiencies
						contained in a show cause notice may be resolved through the use of written
						conciliation agreements. A conciliation agreement shall provide for such
						remedial action as may be necessary to correct the violations and/or
						deficiencies noted. In addition, the Administrator may require periodic
						compliance reports detailing the actions taken by the contractor to correct the
						deficiencies, and identifying statistical results of such
						actions.
1. Change
						without regulatory effect renumbering former section
						8502 to new section
						11139 filed 10-3-2013 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Renumbering of former
						section 11139 to new section
						10256 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 1 - Procedures of the Civil Rights Department › Subchapter 3 - Office of Compliance Programs › Article 2 - OCP Enforcement Proceedings › Section 10257 - Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the deficiencies listed in the show cause notice are
						not resolved during the 30 day period, a hearing shall be held before a hearing
						officer appointed by the Director of the Department of Fair Employment and
						Housing.
A notice of hearing will be dated and served upon the
						contractor personally or by registered mail. The hearing may be postponed by
						OCP for good cause. If the contractor has good cause, the contractor shall
						contact the OCP within 10 days of receiving the notice of hearing.
The procedures of the hearing shall include: testimony
						under oath, the right to cross-examination and to confront adversary witnesses,
						the right to representation, and the issuance of a formal decision.
In addition to the above requirements of this section,
						the hearing shall be conducted in accordance with Government Code sections
						11507.6,
						11507.7,
						11508
						(with the exception that the Office of Compliance Programs shall be substituted
						for the Office of Administrative Hearings), 11510, 11511, 11512(c) and (d),
						11513, 11514, 11520, 11523; the sections cited above are incorporated herein by
						reference.
The hearing officer shall decide whether to dismiss,
						modify or sustain the allegations of the show cause notice.
The form and content of the decision will be in
						accordance with the requirements of Government Code section
						11518
						herein incorporated by reference.
1. Change
						without regulatory effect renumbering former section
						8503 to new section
						11140 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Renumbering of former
						section 11140 to new section
						10257 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 1 - Procedures of the Civil Rights Department › Subchapter 3 - Office of Compliance Programs › Article 2 - OCP Enforcement Proceedings › Section 10258 - Potential Remedies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a violation of subchapter 5 of chapter 5 is found at
						the hearing, the hearing officer may decertify the contractor's
						nondiscrimination program and may recommend to the contract awarding agency
						that the existing contract be terminated. Decertification shall continue until
						the deficiency is corrected and satisfactory evidence thereof is presented to
						OCP. Other potential remedies include, but are not limited to, the imposition
						of periodic reporting requirements and the withdrawal of
						exemptions.
1. Change
						without regulatory effect renumbering former section
						8504 to new section
						11141 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Renumbering of former
						section 11141 to new section
						10258 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 1 - Procedures of the Civil Rights Department › Subchapter 5 - Procedures of Community Conflict Resolution › Section 10300 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The California Civil Rights Department (department), through its Community
				  Conflict Resolution Unit (CCRU), provides community conflict resolution
				  conciliation assistance to communities or persons therein experiencing
				  disputes, disagreements, or difficulties arising from discriminatory practices
				  based on the protected characteristics identified in Government Code section
				  12931. To
				  be eligible for community conflict resolution conciliation assistance, the
				  disputes, disagreements, or difficulties of the communities or persons therein
				  must, within the judgment of the department, impair the rights of persons in
				  the community under the Constitution or laws of the United States or of this
				  state and threaten peaceful community relations.
(b) Community conflict resolution
				  conciliation assistance is intended to assist communities experiencing conflict
				  to develop community-led solutions to the conflict and enhance communities'
				  capacity to independently prevent and resolve future conflict. Staff who
				  provide community conflict resolution conciliation assistance serve as neutral
				  and impartial resources to assist communities resolve disputes, disagreements,
				  or difficulties.
(c) Community
				  conflict resolution conciliation assistance is separate and distinct from the
				  department's enforcement activities as defined in subchapters 1-3 of this
				  chapter. Staff who provide community conflict resolution conciliation
				  assistance do not engage in any of the department's enforcement activities,
				  including mediation conducted by the Dispute Resolution Division to resolve a
				  complaint brought pursuant to the department's enforcement
				  activities.
Note: Authority cited: Sections 12930 and 12931,
						Government Code. Reference: Section 12931, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 1 - Procedures of the Civil Rights Department › Subchapter 5 - Procedures of Community Conflict Resolution › Section 10301 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this subchapter only:
(a) "Conciliation assistance" includes
				  activities undertaken by the Community Conflict Resolution Unit to assist
				  communities or state or local bodies resolve community conflict, including, but
				  not limited to, facilitating dialogues, mediation, education and outreach,
				  training, designing effective opportunities for community input, technical
				  assistance, and consultation.
(b)
				  "Investigation" includes activities to gather and examine information, discover
				  or uncover facts, and research.
Note: Authority cited: Sections 12930 and 12931,
						Government Code. Reference: Sections 12931 and 12932, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 1 - Procedures of the Civil Rights Department › Subchapter 5 - Procedures of Community Conflict Resolution › Section 10302 - Confidentiality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In providing assistance to communities and persons therein in resolving
				  disputes, disagreements, or difficulties relating to discriminatory practices
				  based on the protected characteristics identified in Government Code section
				  12931, the
				  department shall provide community conflict resolution conciliation assistance
				  in confidence and without publicity, and the department shall hold confidential
				  information and evidence acquired in the regular performance of its duties upon
				  the understanding that it would be so held.
(b) The department shall obtain the
				  understanding of participants in community conflict resolution conciliation
				  assistance that information exchanged as part of community conflict resolution
				  conciliation assistance is confidential.
(c) In maintaining liaisons with human
				  relations commissions, the department shall maintain the confidentiality of any
				  information designated by law as confidential.
Note: Authority cited: Sections 12930 and 12931,
						Government Code. Reference: Sections 12931, 12932 and 12933, Government
						Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 1 - Procedures of the Civil Rights Department › Subchapter 5 - Procedures of Community Conflict Resolution › Section 10303 - Requesting or Accepting Community Conflict Resolution Conciliation Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Community conflict resolution conciliation assistance may be requested or
				  accepted by state or local public bodies, or by any individual directly
				  affected by disputes, disagreements, or difficulties relating to discriminatory
				  practices based on the protected characteristics identified in Government Code
				  section
				  12931 that
				  impair their rights under the Constitution, federal, or state law. Community
				  conflict resolution conciliation assistance may be requested verbally, in
				  writing, including through electronic communications, electronic mail at
				  CCRU@calcivilrights.ca.gov, or by submitting a community conflict resolution
				  request for service form available at
www.calcivilrights.ca.gov
to the department.
(b) A complaint,
				  as defined in Chapter 1 section
				  10001(c), is not
				  required in order to request or accept community conflict resolution
				  conciliation assistance. Requests for, or acceptance of, community conflict
				  resolution conciliation assistance are independent and unrelated actions from
				  filing a complaint as defined in Chapter 1 section
				  10001(c) and must
				  meet the requirements of Government Code section
				  12931.
				  When a complaint, as defined in Chapter 1 section
				  10001(c), has been
				  or will be filed, requests for, or acceptance of, community conflict resolution
				  conciliation assistance may be made or accepted before, simultaneously with, or
				  after filing a complaint as defined in Chapter 1 section
				  10001(c).
(c) Requesting or accepting community
				  conflict resolution conciliation assistance does not impact or stay other
				  applicable departmental deadlines or civil statutes of limitation.
Note: Authority cited: Sections 12930 and 12931,
						Government Code. Reference: Section 12931, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 2 - Conflict of Interest Code › Section 10500 - Department of Fair Employment and Housing (DFEH)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Political Reform Act (Gov. Code, §
									8100 et
				  seq.) requires state and local government agencies to adopt and promulgate
				  conflict of interest codes. The Fair Political Practices Commission has adopted
				  a regulation (Cal. Code Regs., tit. 2, §
									18730) that contains the terms of a
				  standard conflict of interest code, which can be incorporated by reference in
				  an agency's regulation. After public notice and hearing, the standard code may
				  be amended by the Fair Political Practices Commission to conform to amendments
				  in the Political Reform Act.
Therefore, the terms of California of Regulations, title 2,
				  section 18730 and any amendments to it duly
				  adopted by the Fair Political Practices Commission are hereby incorporated by
				  reference. This regulation, and the attached appendices designating positions
				  and establishing disclosure requirements, shall constitute the conflict of
				  interest code for the Department of Fair Employment and Housing (DFEH).
The Director must file his/her statement of economic
				  interests electronically with the Fair Political Practices Commission. All
				  other individuals holding designated positions must file their statements with
				  DFEH. All statements must be made available for public inspection and
				  reproduction under Government Code Section
				  81008.
1. New chapter
				  2 (section 10500) and renumbering of former
				  section 11005.1 to new section
				  10500 filed 12-9-2015; operative
				  4-1-2016 (Register 2015, No. 50). For prior history, see Register 83, No.
				  24.
2. Repealer and new section and appendices A and B filed
				  11-28-2016; operative 12-28-2016 pursuant to Cal. Code Regs., tit. 2, section
				  18750(l). Approved
				  by Fair Political Practices Commission 10-27-2016 and submitted to OAL for
				  filing and printing only pursuant to Cal. Code Regs., tit. 2, section
				  18750(k) (Register
				  2016, No. 49).
3. Amendment of section and Appendix A filed
				  10-10-2017; operative 11-9-2017 pursuant to Cal. Code Regs., tit. 2, section
				  18750(l). Approved
				  by the Fair Political Practices Commission 9-21-2017 and submitted to OAL for
				  filing and printing only pursuant to Cal. Code Regs., tit. 2, section
				  18750(k) (Register
				  2017, No. 41).
4. Amendment of Appendix A filed 11-20-2019;
				  operative 12-20-2019 pursuant to Cal. Code Regs., tit. 2, section
				  18750(d). Approved
				  by Fair Political Practices Commission 10-30-2019 and submitted to OAL for
				  filing and printing only pursuant to Cal. Code Regs., tit. 2, section
				  18750(d) (Register
				  2019, No. 47).
Note: Authority cited: Sections
					 81008,
					 87300 and
					 87306,
					 Government Code. Reference: Section
					 87302,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 2 - Conflict of Interest Code › Appendix A

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Executive Administration
Director
1
Chief Deputy Director
1
Enforcement Division
Career Executive Assignment, all levels
1
Administrator, FEH, all levels
1
Staff Services Manager (all levels)
2
FEH Consultant, all ranges
4
Associate Governmental Program Analyst
4
Staff Services Analyst
4
Information Technology Services
						  Division
Chief Information Officer
3
Information Technology Manager 1
3
Information Technology Supervisor (all levels)
3
Information Technology Specialist (all levels)
3
Administrative Services Division
Career Executive Assignment, all levels
1
Accounting Administrator (all levels)
2
Staff Services Manager (all levels)
2
Labor Relations Manager I
5
Legal Division
Chief Counsel
1
Assistant Chief Counsel
1
Attorney (all levels)
1
FEH Counsel (all levels)
1
Staff Services Manager (all levels)
2
Dispute Resolution Division
Assistant Chief Counsel
1
FEH Counsel (all levels)
1
Attorney (all levels)
1
Staff Services Manager I
2
Executive Programs Division
Deputy Director of Executive Programs
1
Assistant Deputy Director of Education &
						  Outreach
1
FEH Counsel (all levels)
1
Staff Services Manager (all levels)
2
Associate Government Program Analyst
4
FEH Consultant III
4
Information Office
Deputy Director of Communications
1
*Consultants / new positions shall be included in the list of
				  designated positions and shall disclose pursuant to the disclosure requirements
				  in this conflict of interest code subject to the following limitation: The
				  Director may determine in writing that a particular consultant or new position,
				  although holding a "designated position," is hired to perform a range of duties
				  that is limited in scope and thus is not required to fully comply with the
				  disclosure requirements described in this section. Such written determination
				  shall include a description of the consultant's or new position's duties and,
				  based upon that description, a statement of the extent of disclosure
				  requirements. The Director's determination is a public record and shall be
				  retained for public inspection in the same manner and location as this conflict
				  of interest code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 2 - Conflict of Interest Code › Appendix B

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Disclosure Requirements Disclosure Category
				  1
Individuals holding designated positions assigned to
				  Disclosure Category 1 shall report interests in real property located within
				  the State of California; investments and business positions in business
				  entities, and income, including loans, gifts, and travel payments, from all
				  sources.
Disclosure Category 2
Individuals holding designated positions assigned to
				  disclosure category 2 shall report investments and business positions in
				  business entities, and income, including receipt of gifts, loans, and travel
				  payments, from sources, of the type to provide services, supplies, materials
				  and/or equipment to the DFEH. Such services include, but are not limited to,
				  legal recording/reporting services, rental of meeting and/or administrative
				  hearing space.
Disclosure Category 3
Individuals holding designated positions assigned to
				  disclosure category 3 shall report investments and business positions in
				  business entities, and income, including receipt of gifts, loans, and travel
				  payments, from sources, of the type to provide information technology or
				  telecommunications services, goods, and/or supplies, including, but not limited
				  to, software, hardware, or data retrieval and/or security services.
Disclosure Category 4
Individuals holding designated positions assigned to
				  disclosure category 4 must determine whether, during the reporting period, they
				  had a financial interest in any of their assignments. If they had no such
				  interest, they shall file Fair Political Practices Commission Form 700-A.
				  Otherwise, they shall disclose their pertinent financial interests on the
				  schedules for Fair Political Practices Commission Form 700.
Disclosure Category 5
Individuals holding designated positions assigned to category
				  5 must report investments, positions in business entities, and income
				  (including receipt of loans, gifts, and travel payments) received from a
				  department employee and from any of the following sources: training and
				  educational services, labor specialists, and human resource management
				  services.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 1 - Administration › Article 1 - Administration › Section 11000 - Generally

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The authority for the rules and regulations set forth in
						this chapter is briefly described at the beginning of each subchapter herein
						and in some cases is set out with more particularity at the beginning of a
						constituent article within a subchapter. Special definitions or rules of
						construction, which only apply to a particular subchapter or article, are set
						forth at the beginning of the subchapter or article to which they
						pertain.
1. Change
						without regulatory effect renumbering title 2, division 4 (chapters 1-5) to
						title 2, division 4.1, chapter 5 (subchapters 1-5), renumbering former chapter
						1 (subchapters 1-2) to new subchapter 1 (articles 1-2), renumbering former
						subchapter 1 (sections
						7285.0-7285.2) to new article 1
						(sections 11000-11002), renumbering section
						7285.0 to new section
						11000 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Change without regulatory
						effect amending chapter heading 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: Part 2.8 of Division 3 of Title 2, Government
						  Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 1 - Administration › Article 1 - Administration › Section 11001 - Construction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) These rules and
					 regulations are to be construed liberally so as to further the policy and
					 purposes of the statutes they interpret and implement.
(b) Except as required by the Supremacy
					 Clause of the United States Constitution, federal laws and their
					 interpretations regarding discrimination in employment and housing are not
					 determinative of the construction of these rules and regulations and the
					 California statutes they interpret and implement but, in the spirit of comity,
					 shall be considered to the extent practical and appropriate.
(c) Unless the context dictates otherwise,
					 terms used herein that are in the singular include the plural, and terms that
					 are in the plural include the singular.
(d) If any rule or regulation, or portion
					 thereof, in this chapter is adjudged by a court of competent jurisdiction to be
					 invalid, or if any such rule or regulation, or portion thereof, loses its force
					 and effect by legislative action, that judgment or action does not affect the
					 remainder of the rules and regulations.
(e) Pursuant to the Governor's Reorganization
					 Plan No. 1 (1980), the Fair Employment Practice Act is renamed the Fair
					 Employment and Housing Act and renumbered in Part 2.8 of Division 3 of Title 2
					 of the Government Code.
1. Change
						without regulatory effect renumbering former section
						7285.1 to new section
						11001 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: Part 2.8 of Division 3 of Title 2 of the Government
						  Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 1 - Administration › Article 1 - Administration › Section 11002 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless a different meaning clearly applies from the
						context, the meaning of the words and phrases as defined in this section shall
						apply throughout this chapter:
(a)
					 "Council" or "CRC" means the State Civil Rights Council created by section
					 12903 of
					 the Government Code pursuant to Senate Bill 1038 (2011-2012 Reg. Sess.) (Stat.
					 2012, Ch. 46) and renamed pursuant to Senate Bill 189 (2021-2022 Reg. Sess.)
					 (Stat. 2022, Ch. 48).
(b)
					 "Department" or "CRD" means the Civil Rights Department created by section
					 12901 of
					 the Government Code pursuant to the Governor's Reorganization Plan No. 1
					 (1980).
(c) "Person" includes one
					 or more individuals, partnerships, associations or corporations, legal
					 representatives, trustees, trustees in bankruptcy, or receivers.
(d) "Complainant" means the person who files
					 a timely, verified complaint with the CRD alleging aggrievement by an unlawful
					 practice.
(e) "Respondent" means
					 the person who is alleged to have committed an unlawful practice in a complaint
					 filed with the CRD.
(f) "Act" means
					 the California Fair Employment and Housing Act, created by Government Code
					 section
					 12900.
1. Change
						without regulatory effect renumbering former section
						7285.2 to new section
						11002 and amending section and NOTE
						filed 10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Change without regulatory
						effect amending subsections (a), (b), (d) and (e) 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
						  12903 and
						  12925,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 1 - Administration › Article 2 - Powers and Duties of the Council › Section 11003 - Rules, Regulations and Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Council shall adopt, promulgate,
					 amend and rescind suitable rules, regulations and guidelines as are necessary
					 to interpret, implement and apply laws within its jurisdiction and as are
					 necessary to carry out all of its other functions and duties.
(b) All rules and regulations shall be
					 adopted pursuant to Chapter 3.5 (commencing with section
					 11340) of Part 1 of Division 3 of
					 Title 2 of the Government Code.
1. Change
						without regulatory effect renumbering former subchapter 2 (sections
						7285.3-7285.7) to new article 2
						(sections 11003-11004), renumbering former
						section 7285.4 to new section
						11003 and amending article heading,
						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: Part 2.8 of Division 3 of Title 2, Government
						  Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 1 - Administration › Article 2 - Powers and Duties of the Council › Section 11004 - Other Powers and Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The functions, powers and duties of the Council shall
						also include, but are not limited to, the authority to:
(a) Make inquiries into general
					 discrimination problems and issue informal and formal findings, including
					 published reports;
(b) Establish
					 such advisory agencies and councils as will assist in fostering goodwill,
					 cooperation and conciliation among groups and elements of the population of the
					 state through studies, conciliation, hearings, and recommendations to the
					 Council;
(c) Hold hearings, issue
					 publications, results of inquiries and research, and reports to the Governor
					 and the Legislature that, in its judgment, will tend to aid in effectuating the
					 purpose of the Fair Employment and Housing Act, promote good will, cooperation
					 and conciliation, and minimize or eliminate unlawful discrimination, or advance
					 civil rights in the State of California.
(d) Advise and concur with the Secretary of
					 Health and Human Services in establishing standards and guidelines determining
					 unlawful practices of state contractors under section
					 11135, et seq.
1. Change
						without regulatory effect renumbering former section
						7285.7 to new section
						11004 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
						  11139.5,
						  12935,
						  12946 and
						  12990,
						  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 11005.1 - Department of Fair Employment and Housing-Conflict of Interest Code. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering and amending former section
						7286.1 to new section
						11005.1 filed 10-3-2013 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. Renumbering of former
						section 11005.1 to new section
						10500 filed 12-9-2015; operative
						4-1-2016 (Register 2015, No. 50).
Note: Authority cited and Reference: Section
						  81000 et seq., Government Code.
						  (Section filed 6-6-83, operative 7-6-83; approved by Fair Political Practices
						  Commission 4-18-83; Register 83, No.
						  24).
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 11006 - Statement of Policy and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The public policy of the State of California is to
						protect and safeguard the civil rights of all individuals to seek, have access
						to, obtain, and hold employment without discrimination because of race,
						religious creed, color, national origin, ancestry, physical disability, mental
						disability, medical condition, genetic information, marital status, sex,
						gender, gender identity, gender expression, age for individuals over forty
						years of age, sexual orientation, reproductive health decisionmaking, or
						military and veteran status. Employment practices should treat all individuals
						equally, evaluating each on the basis of individual skills, knowledge and
						abilities and not on the basis of characteristics generally attributed to a
						group enumerated in the Act. The objectives of the California Fair Employment
						and Housing Act and these regulations are to promote equal employment
						opportunity and to assist all persons in understanding their rights, duties and
						obligations, so as to facilitate achievement of voluntary compliance with the
						law.
1. Change
						without regulatory effect renumbering former section
						7286.3 to new section
						11006 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 filed 12-9-2015;
						operative 4-1-2016 (Register 2015, No. 50).
3. 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: Section
						  12935(a),
						  Government Code. Reference: Sections
						  12920 and
						  12921(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 1 - General Matters › Section 11007 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The CRC issues these regulations under the authority
						vested in the Council by the Fair Employment and Housing Act, specifically
						Government Code section
						12935(a).
1. Change
						without regulatory effect renumbering former section
						7286.4 to new section
						11007 and amending section and NOTE
						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 and NOTE 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: Section
						  12935(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 1 - General Matters › Section 11008 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this chapter, the following definitions shall
						apply unless the context otherwise requires:
(a) "Applicant." Any individual who files a
					 written application or, where an employer or other covered entity does not
					 provide an application form, any individual who otherwise indicates a specific
					 desire to an employer or other covered entity to be considered for employment.
					 Except for recordkeeping purposes, "Applicant" is also an individual who can
					 prove that he or she has been deterred from applying for a job by an employer's
					 or other covered entity's alleged discriminatory practice. "Applicant" does not
					 include an individual who without coercion or intimidation willingly withdraws
					 his or her application prior to being interviewed, tested or hired.
(b) "Apprenticeship Training Program." Any
					 apprenticeship program, including local or state joint apprenticeship
					 committees, subject to the provision of Chapter 4 of Division 3 of the
					 California Labor Code, section
					 3070 et
					 seq.
(c) "Employee." Any individual
					 under the direction and control of an employer under any appointment or
					 contract of hire or apprenticeship, express or implied, oral or written.
(1) "Employee" does not include an
					 independent contractor as defined in Labor Code section
					 3353.
(2) "Employee" does not include any
					 individual employed by his or her parents, by his or her spouse, or by his or
					 her child.
(3) "Employee" does not
					 include any individual employed under special license in a non-profit sheltered
					 workshop or rehabilitation facility.
(4) An employment agency is not an employee
					 of the person or individual for whom it procures employees.
(5) An individual compensated by a temporary
					 service agency for work to be performed for an employer contracting with the
					 temporary service agency is an employee of that employer for such terms,
					 conditions and privileges of employment under the control of that employer.
					 Such an individual also is an employee of the temporary service agency with
					 regard to such terms, conditions and privileges of employment under the control
					 of the temporary service agency.
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 11009 - Principles of Employment Discrimination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unlawful Practices and Individual Relief.
					 In allegations of employment discrimination, a finding that an employer or
					 other covered entity has engaged in an unlawful employment practice is not
					 dependent upon a showing of individual back pay or other compensable liability.
					 Upon a finding that an employer or other covered entity has engaged in an
					 unlawful employment practice and on order of appropriate relief, a severable
					 and separate showing may be made that the complainant, complainants or class of
					 complainants is entitled to individual or personal relief including, but not
					 limited to, hiring, reinstatement or upgrading, back pay, restoration to
					 membership in a labor organization, or other relief in furtherance of the
					 purpose of the Act.
(b) Liability
					 of Employers. In view of the common law theory of
respondeat
					 superior
and its codification in California Civil Code section
					 2338, an
					 employer or other covered entity shall be liable for the discriminatory actions
					 of its supervisors, managers or agents committed within the scope of their
					 employment or relationship with the covered entity or, as defined in section
					 11019(b), for the
					 discriminatory actions of its employees where it is demonstrated that, as a
					 result of any such discriminatory action, the applicant or employee has
					 suffered a loss of or has been denied an employment benefit.
1. Change
						without regulatory effect renumbering former section
						7286.6 to new section
						11009 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 12-9-2015; operative 4-1-2016 (Register 2015, No.
						50).