reglab/statecodes huggingface dataset:
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 14025 - General Prohibitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No person in the State of California shall, on the basis
						of sex, race, color, religion, ancestry, national origin, ethnic group
						identification, age, disability (including mental disability and/or physical
						disability), medical condition, genetic information, marital status, or sexual
						orientation, by action or inaction, be unlawfully denied full and equal access
						to the benefits of any program or activity or be unlawfully subjected to
						discrimination, under any program or activity that is conducted, operated, or
						administered by a covered entity.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136, 11139.8, 12926, 12926.1 and 12940,
						  Government Code.
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 14028 - Types of Evidence and Proof in Intentional Discrimination Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Admissions, expressions of bias, or other direct evidence of discrimination
					 often are probative of purpose or intent but are not necessary to demonstrate
					 that a practice is intentional discrimination.
(b) Circumstantial evidence may be relied
					 upon to demonstrate intentional discrimination.
(1) Probative sources of information or
					 methods for determining whether discrimination has occurred include:
					 information concerning the disproportionate or adverse effect of a practice on
					 a protected class or decisions on comparable matters; the historical background
					 of the challenged practice; specific antecedent events leading to the
					 challenged practice; departures from normal procedures or substantive
					 conclusions; contemporary statements of decision-makers and other legislative
					 or administrative history; a pattern of harm to the protected classes;
					 information showing discrimination against members of a protected class based
					 on statistical data that the practice has a disproportionate or adverse effect
					 on members of the protected class and supporting anecdotal evidence; and the
					 use of presumptions, burden shifting, and comparisons between a protected class
					 and other individuals.
(2)
					 Statistical data is one form of circumstantial evidence, but statistical
					 evidence is not necessary to demonstrate that a program or activity constitutes
					 intentional discrimination.
(3)
					 Evidence of disparate impact discrimination, such as that set forth below in
					 section 14029(a), may also
					 be circumstantial evidence of intentional discrimination.
(4) Proof regarding different treatment of
					 similarly situated persons is one way of raising an inference of intentional
					 discrimination, but such proof is not the only way to make a showing of
					 intentional discrimination.
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 14029 - Types of Evidence and Proof in Disparate Impact Discrimination Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Evidence of disparate impact may include statistical or other evidence that:
(1) a group of individuals, other than
					 members of a protected class, receive better or more effective benefits of the
					 program or activity than members of a protected class, or that the same
					 benefits are more burdensome to obtain for members of a protected
					 class;
(2) the benefits of the
					 program were reduced, less effective, or more burdensome to obtain when members
					 of a protected class were eligible for, or participated in, a program or
					 activity to a greater extent than in the past;
(3) the program or activity creates,
					 increases, reinforces, or perpetuates segregation on the basis of membership in
					 a protected class;
(4) a particular
					 condition to receiving benefits of the program disproportionately excludes
					 individuals on the basis of membership in a protected class from participation
					 in or receipt of the benefits of the program; or
(5) the objectives of the program or activity
					 were defeated or substantially impaired for members of a protected
					 class.
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 14030 - Other Proof Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 legally sufficient justification, as described in subsection
					 14029(c), is not a
					 defense against a claim of intentional discrimination.
(b) The same information may be probative of
					 more than one form of discrimination.
(c) The evidence and methods of proof
					 described in this Article shall be construed as illustrative and not as
					 limitations on the enforcement of Article 9.5, this subchapter, or other
					 implementing regulations.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 12926, 12926.1, 12940, 12955 and 12955.8,
						  Government Code.
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 4 - Remedial Actions › Section 14050 - Administrative Complaints and Judicial Private Right of Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Any aggrieved person or state agency may file an administrative complaint with
					 the Department regarding any alleged violation of Article 9.5, this subchapter,
					 or other implementing regulations.
(b) Article 9.5 and this subchapter may be
					 enforced by a civil action in federal or state court for equitable or
					 declaratory relief, including actions for declaratory relief, injunctive
					 relief, writ of mandamus, mandatory relief, and cessation or suspension of
					 state support, which shall be independent of any other rights and remedies,
					 including any action taken by a covered entity under sections
					 11136 and
					 11137 of
					 the Government Code.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136, 11137 and 11139, Government
						  Code.
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 4 - Remedial Actions › Section 14051 - Exhaustion of Administrative Remedies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Exhaustion of administrative remedies available for employment claims under the
					 Fair Employment and Housing Act, Government Code section
					 12900
et seq.
, shall not be a prerequisite to the bringing of
					 actions for judicial enforcement of Article 9.5, this subchapter, or other
					 implementing regulations, nor shall any person first be required to exhaust
					 administrative remedies of any other state or federal agency or the internal
					 grievance procedures of any recipient, or comply with the Government Claims
					 Act, Government Code sections
					 900
et seq
, before filing an intake form or a complaint with the
					 Department or a civil action for enforcement of Article 9.5.
(b) Where an underlying administrative
					 proceeding has occurred, the civil action or Department investigation of
					 violations of Article 9.5, this subchapter, and implementing regulations shall
					 not be limited to a review of the administrative record even if the civil suit
					 includes several causes of action, some of which may be subject to a review of
					 an administrative record requirement. A civil action shall proceed by trial de
					 novo.
(c) In a civil action, to the
					 extent an aggrieved person alleges employment discrimination in violation of
					 the Fair Employment and Housing Act, Government Code section
					 12900
et seq.
, as a separate claim in addition to a violation of
					 Article 9.5, the person must exhaust administrative remedies for those separate
					 claims as required by Government Code section
					 12960 and
					 implementing regulations.
(d) If an
					 aggrieved person chooses to seek resolution of a claim under Article 9.5, this
					 subchapter, or other implementing regulations through a state or state agency
					 administrative procedure or internal agency grievance procedure other than
					 through the Department, or if a complaint is referred to an agency for
					 investigation pursuant to section
					 14052(b), the
					 one-year deadline for filing a complaint with the Department under Government
					 Code section
					 12960
					 shall be tolled for the pendency of the investigation.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136, 11137, 11139 and 11139.8.
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 4 - Remedial Actions › Section 14052 - Mandatory Remedial Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Whenever a state agency has reasonable cause to believe that a covered entity
					 or entities have violated the Fair Employment and Housing Act, Government Code
					 section
					 12900
et seq.
, Civil Code section
					 51,
					 51.5,
					 51.7,
					 54,
					 54.1 or
					 54.2, Article
					 9.5, this subchapter, or other implementing regulations, the head of the state
					 agency or their designee shall notify the covered entity or entities of such
					 violation and shall submit a complaint detailing the alleged violations to the
					 Department for investigation and determination according to Government Code
					 section
					 11136.
(b) The Department retains discretion to
					 refer complaints concerning violations to, or back to, the state agency
					 responsible for the program or activity for investigation and possible
					 resolution. Nothing in this subsection shall preclude an aggrieved person from
					 proceeding under section
					 14050 (Private Right of
					 Action).
(c) If a recipient or
					 recipients are found to have violated the Fair Employment and Housing Act,
					 Government Code section
					 12900
et seq.
, Civil Code section
					 51,
					 51.5,
					 51.7,
					 54,
					 54.1 or
					 54.2, the Act,
					 this subchapter, or other implementing regulations, the state or responsible
					 state agency that administers the program or activity involved, in addition to
					 remedies provided by other laws and actions directed by a Court, shall take one
					 or more of the following actions:
(1)
					 termination of all or part of the recipient's state support;
(2) suspension of all or part of the
					 recipient's state support;
(3)
					 debarment from, or otherwise making the recipient ineligible for, future state
					 support for a specified period of time or until specified remedial actions are
					 taken by the recipient;
(4)
					 probationary eligibility for future state support, or making future state
					 support conditional upon compliance with specified conditions; or
(5) placing conditions upon the continuation
					 of present state support.
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 4 - Remedial Actions › Section 14053 - Permissive Remedial Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 State agency may, where necessary to overcome the effects of discrimination in
					 violation of the Fair Employment and Housing Act, Government Code section
					 12900
et seq.
, Civil Code section
					 51,
					 51.5,
					 51.7,
					 54,
					 54.1 or
					 54.2, or
					 discrimination or denial of full and equal access under Article 9.5, this
					 subchapter, or other implementing regulations:
(1) require a recipient to take remedial
					 action with respect to persons who are no longer participants in the
					 recipient's program or activity but who were participants in the program when
					 such discrimination occurred; and
(2) require a recipient to take remedial
					 action with respect to persons who would have been participants in the program
					 or activity, had the discrimination not occurred.
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 5 - Harassment, Coercion, Intimidation, and Retaliation › Section 14071 - Retaliation Generally

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 It shall be unlawful for any covered entity to take adverse action against an
					 aggrieved person because the person has engaged in protected activity.
(1) "Because of" means that the retaliation
					 was a motivating factor in causing harm. Retaliation need not be the sole
					 motivating factor.
(2) The adverse
					 action need not be related directly to the nature of the protected
					 activity.
(3) Retaliation may be
					 established by direct evidence or circumstantial evidence, including the
					 temporal proximity between the protected activity and the adverse
					 action.
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 5 - Harassment, Coercion, Intimidation, and Retaliation › Section 14072 - Coercion, Intimidation, Threats, or Interference with Rights Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be unlawful to coerce, intimidate, threaten, or
						discriminate against or deny full and equal access to any person for the
						purpose of interfering with any right or privilege secured by the Act.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 12926, 12926.1 and 12940, Government
						  Code.
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 6 - Specific Practices Prohibited - Age › Section 14080 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms "age," "age distinction," and "age-related
						term" shall have the meanings set out in section
						14020.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 6 - Specific Practices Prohibited - Age › Section 14081 - Practices Prohibited on the Basis of Age

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Among other prohibited practices, it is prohibited for a
						covered entity to:
(a) discriminate
					 against or deny full and equal access to a person on the basis of the person's
					 actual or perceived age;
(b)
					 discriminate against or deny full and equal access to a person on the basis of
					 such person's association with persons of a particular age; or
(c) discriminate against or deny full and
					 equal access to a person on the basis of such person's membership in an
					 organization identified with or seeking to promote the interests of persons of
					 a specific age.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 6 - Specific Practices Prohibited - Age › Section 14082 - Statutory Exceptions to the Rules Against Age Discrimination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is not a discriminatory practice for a covered entity
						to take any action otherwise prohibited by Article 9.5, this subchapter, or
						other implementing regulations if such action is based on a Federal statute or
						regulation, State statute or regulation, or local ordinance consistent with
						this Subchapter adopted by an elected, general purpose legislative body and
						which:
(a) provides any benefits or
					 assistance to persons based on age;
(b) establishes criteria for participation in
					 age-related terms; or
(c) describes
					 intended beneficiaries or target groups in age-related terms.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 6 - Specific Practices Prohibited - Age › Section 14083 - Definition of "Normal Operation" and "Statutory Objective."

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of Article 6, the terms "normal operation"
						and "statutory objective" have the following meanings:
(a) "Normal operation" means the operation of
					 a program or activity without significant changes that would impair the covered
					 entity's ability to meet the objectives of such program or activity.
(b) "Statutory objective" means any purpose
					 of a program or activity expressly stated in any Federal statute, State
					 statute, or local statute or ordinance consistent with this Subchapter adopted
					 by an elected general purpose legislative body.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 6 - Specific Practices Prohibited - Age › Section 14084 - Exceptions to the Rules Against Age Discrimination: Normal Operation or Statutory Objective of Any Program or Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is not a discriminatory practice for a covered entity
						to take an action, otherwise prohibited by Article 6, if the action reasonably
						takes into account age as a factor necessary to the normal operation or the
						achievement of any statutory objective of a program or activity. An action
						reasonably takes into account age as a factor necessary to the normal operation
						or the achievement of any statutory objective of a program or activity
						if:
(a) age is used as a measure or
					 approximation of one or more other characteristics;
(b) the other characteristic(s) must be
					 measured or approximated in order for the normal operation of the program or
					 activity to continue, or to achieve any statutory objective of the program or
					 activity;
(c) the other
					 characteristic(s) can be reasonably measured or approximated by the use of age;
					 and
(d) the other characteristic(s)
					 are impractical to measure directly on an individual basis.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 6 - Specific Practices Prohibited - Age › Section 14085 - Burden of Proof

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The burden of proving that an age distinction falls
						within the exceptions of sections
						14081,
						14082,
						14083, or
						14084 is on the covered
						entity.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 6 - Specific Practices Prohibited - Age › Section 14086 - State Agency Review of Policies and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each state agency shall conduct a review of the age distinctions it imposes on
					 its recipients by regulation, policy, or administrative practice. The purpose
					 of this review is to identify how age distinctions are used by each state
					 agency and whether such age distinctions are permissible under this
					 Subchapter.
(b) No later than 12
					 months from the date a state agency adopts implementing regulations, such
					 agency shall submit a report to the Department containing:
(1) the results of the review conducted under
					 subsection (a) of this section;
(2)
					 a list of the age distinctions which re to be continued; and
(3) the justification under section
					 14081,
					 14082,
					 14083, or
					 14084 for each age distinction to
					 be continued.
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 6 - Specific Practices Prohibited - Age › Section 14087 - Recipient Review of Age Distinctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No later than 18 months following the effective date of
						implementing regulations, each recipient should be required by the responsible
						state agency to submit a report to such state agency analyzing the results of a
						review equivalent to that referred to in subsection
						14086(a). Such
						report should list by program or activity the age distinctions to be continued,
						together with an explanation of why such distinctions satisfy the terms of
						sections 14082 and
						14084 and the age distinctions to
						be eliminated.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 6 - Specific Practices Prohibited - Age › Section 14088 - State Agency Review of Recipient Age Distinctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No later than 24 months following the effective date of
						implementing regulations, each state agency will be requested to submit a
						report to the Department analyzing the results of the review referred to in
						section 14086.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 7 - Specific Practices Prohibited - Ancestry, Ethnic Group Identification, and National Origin › Section 14100 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The terms "ancestry," "ethnic group identification," and "national origin"
					 shall have the meanings set out in sections
					 14020(e), (q), and
					 (dd), respectively.
(b) "Alternative communication services"
					 means the method used for purposes of communicating effectively with a person
					 with limited English proficiency who is unable to read or speak or write in the
					 English language. "Alternative communication services" include, but are not
					 limited to, the provision of the services of a multilingual employee or a
					 qualified interpreter for the benefit of an ultimate beneficiary; the provision
					 of written materials in a language other than English; the provision of written
					 materials in a format other than standard font written print, such as Braille,
					 large font print, sign language visual formats, and electronic formats;
					 auxiliary aids and services; and notice to the limited English proficient
					 person of the availability of free alternative communication services,
					 including interpreter and translation services and where to file complaints if
					 appropriate services are not provided.
(c) "Multilingual employee" means a qualified
					 employee of a covered entity who, in addition to their duties, is also
					 proficient in oral communication skills in English and the target languages, as
					 are necessary to accurately and readily interpret in a second language. A
					 multilingual employee need not be proficient in reading or writing skills in a
					 second language except where such skills are a job-related necessity or
					 necessary for orally interpreting a written document.
(d) "Limited English proficient persons"
					 ("LEP") includes persons who are non-English speaking or who do not speak
					 English as their primary language or have limited ability to read, write,
					 speak, or understand English.
(e)
					 "Primary language" means the language used most frequently by a person to
					 communicate, including sign language or tactile sign language.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 7 - Specific Practices Prohibited - Ancestry, Ethnic Group Identification, and National Origin › Section 14101 - Prohibited Practices on the Bases of Ancestry, Ethnic Group Identification, and National Origin

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Among other prohibited practices, it is prohibited for a covered entity to:
(1) discriminate against or deny full and
					 equal access to a person on the basis of the person's actual or perceived
					 ancestry, ethnic group identification, or national origin, including a person's
					 primary language or accent;
(2)
					 discriminate against or deny full and equal access to a person on the basis of
					 such person's association with persons of a particular ancestry, ethnic group
					 identification, or national origin.
(3) discriminate against a person on the
					 basis of such person's membership in an organization identified with, or
					 seeking to promote the interests of persons of a particular ancestry, ethnic
					 group identification, or national origin, or because a person's name, or that
					 of their spouse, is believed to reflect a particular ancestry, ethnic group
					 identification, or national origin; or
(4) fail to take reasonable steps to ensure
					 meaningful access to its programs and activities by LEP persons, including
					 through the use of alternative communication services. The determination of
					 whether a covered entity has failed to take reasonable steps to ensure
					 meaningful access to its programs and activities by LEP persons is a
					 case-specific, fact-based inquiry that must balance at least the following five
					 factors:
(A) The number or proportion of LEP
					 persons eligible to be served or likely to be encountered by the covered
					 entity;
(B) The frequency with
					 which LEP individuals come in contact with the program or activity;
(C) The nature and importance to people's
					 lives of the program or activity provided by the covered entity;
(D) The significance of the communication to
					 an individual's ability to access or be served by the program or activity;
					 and
(E) The resources available to
					 the covered entity.
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 8 - Specific Practices Prohibited - Color and Race › Section 14125 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms "color" and "race" shall have the meanings set
						out in sections
						14020(j) and (mm),
						respectively.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 8 - Specific Practices Prohibited - Color and Race › Section 14126 - Prohibited Practices on the Basis of Color and Race

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Among other prohibited practices, it is prohibited for a covered entity to:
(1) discriminate against or deny full and
					 equal access to a person on the basis of the person's actual or perceived color
					 or race;
(2) discriminate against
					 or deny full and equal access to a person on the basis of such person's
					 association with persons of a particular color or race;
(3) discriminate against or deny full and
					 equal access to a person on the basis of such person's membership in an
					 organization identified with, or seeking to promote the interests of persons of
					 a specific color or race, or because a person's name, or that of their spouse,
					 is believed to reflect a given color or race.
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 9 - Specific Practices Prohibited - Marital Status › Section 14153 - Prohibited Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Among other prohibited practices, it is prohibited for a covered entity to:
(1) discriminate against or deny full and
					 equal access to a person on the basis of a person's actual or perceived marital
					 status;
(2) discriminate against or
					 deny full and equal access to a person on the basis of such person's
					 association with persons of a particular marital status;
(3) discriminate against or deny full and
					 equal access to a person on the basis of such person's membership in an
					 organization identified with or seeking to promote the interests of persons
					 with a particular marital status; or
(4) inquire about a person's family or
					 marital status. However, such person may be required to provide information
					 relevant and necessary for determining whether such person satisfies validly
					 imposed criteria for the aid or benefit, or participation in the program or
					 activity in question, including any other former names by which such person has
					 been known.
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 10 - Specific Practices Prohibited - Religion › Section 14180 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "Religion" shall have the meaning set out in
						section 14020(qq).
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 10 - Specific Practices Prohibited - Religion › Section 14181 - Prohibited Practices on the Basis of Religion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Among other prohibited practices, it is prohibited for a
						covered entity to:
(a) discriminate
					 against or deny full and equal access to a person on the basis of the person's
					 actual or perceived religion.
(b)
					 discriminate against or deny full and equal access to a person on the basis of
					 such person's association with persons of a particular religion;
(c) discriminate against or deny full and
					 equal access to a person on the basis of such person's membership in an
					 organization identified with, or seeking to promote the interests of, persons
					 with a particular religion.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 10 - Specific Practices Prohibited - Religion › Section 14182 - Reasonable Accommodation of Religious Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is unlawful for a covered entity to fail to make
						reasonable accommodation to the religious belief of an ultimate beneficiary
						where such accommodation can be made without undue hardship on the covered
						entity.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 10 - Specific Practices Prohibited - Religion › Section 14183 - Exemption of Religious Organizations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Neither Article 9.5, this subchapter, nor other
						implementing regulations apply to the religious activities of a religious
						corporation or religious association not organized for profit, including
						employment relationships subject to the "ministerial exception" under the U.S.
						Constitution.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code; and Our Lady
						  of Guadalupe School v. Morrissey-Berru (2020) 140 S.Ct. 2049, Hosanna-Tabor
						  Evangelical Lutheran Church and School v. EEOC (2012) 565 U.S. 171.
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 11 - Specific Practices Prohibited - Sex and Sexual Orientation › Section 14300 - Prohibited Practices on the Basis of Sex or Sexual Orientation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Among other prohibited practices, it is prohibited for a covered entity to:
(1) discriminate against or deny full and
					 equal access to a person on the basis of the person's sex or sexual
					 orientation, as defined in sections
					 14020 (rr) and
					 (ss);
(2) discriminate against or deny full and
					 equal access to a person on the basis of such person's association with persons
					 of a particular sex or sexual orientation, sections
					 14020 (rr) and
					 (ss);
(3) discriminate against or deny full and
					 equal access to a person on the basis of such person's membership in an
					 organization identified with, or seeking to promote the interests of, persons
					 with a particular sex or sexual orientation, as defined in sections
					 14020 (rr) and
					 (ss).
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 11 - Specific Practices Prohibited - Sex and Sexual Orientation › Section 14301 - Pregnancy, Childbirth, or Termination of Pregnancy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any practice of a covered entity concerning disability
						due to pregnancy, childbirth, recovery from childbirth or termination of
						pregnancy, or other physiological conditions related to the capacity to bear
						children not applied under the same terms and conditions, and in the same
						manner, as any other practice relating to any other temporary disability is a
						prohibited practice, except as otherwise provided by the Fair Employment and
						Housing Act.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 11 - Specific Practices Prohibited - Sex and Sexual Orientation › Section 14302 - Parental, Family, or Marital Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any practice of a covered entity concerning the actual or
						potential parental, family, or marital status of an ultimate beneficiary which
						has the purpose or effect of differentiating on the basis of sex is a
						prohibited practice.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 11 - Specific Practices Prohibited - Sex and Sexual Orientation › Section 14303 - Inquiries Regarding and Recording of Gender and Name

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Inquiries by a covered entity that directly or indirectly identify a person on
					 the basis of sex, including gender, gender identity, or gender expression, or
					 sexual orientation, are unlawful unless the covered entity establishes a
					 permissible defense, including whether such a practice is required by state or
					 federal law or an order of a state or federal court. For recordkeeping
					 purposes, including data collection, a covered entity may request a person to
					 provide this information solely on a voluntary basis.
(b) If an ultimate beneficiary requests to be
					 identified with a preferred gender, name, and/or pronoun, including
					 gender-neutral pronouns, a covered entity who fails to abide by the person's
					 stated preference may be liable under Article 9.5, except as noted in
					 subsection (c) below.
(c) A covered
					 entity is permitted to use a person's gender or legal name as indicated in a
					 government-issued identification document only if it is necessary to meet a
					 legally-mandated obligation but otherwise must identify the person in
					 accordance with their gender identity and preferred name.
(d) It is unlawful for a covered entity to
					 discriminate against or deny full and equal access to an individual who is
					 transitioning, has transitioned, or is perceived to be transitioning.
(e) It is unlawful for a covered entity to
					 refuse any individual access to facilities that correspond to that individual's
					 gender identity or gender expression, regardless of the individual's sex
					 assigned at birth, unless the covered entity establishes a permissible defense.
					 Covered entities may not require individuals to undergo or provide proof of any
					 medical treatment or procedure, provide any identity document, or use
					 facilities designated for use by a particular gender.
(f) Nothing in this section shall preclude a
					 covered entity from making a reasonable and confidential inquiry of an ultimate
					 beneficiary for the sole purpose of ensuring access to comparable, safe, and
					 adequate multi-user facilities.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14325 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms "disability," "genetic information," and
						"medical condition" shall have the meanings set out in sections
						14020(p), (u), and
						(cc).
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11135 and 11139, Government Code.
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 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14326 - Prohibited Practices on the Basis of Disability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Among other prohibited practices, it is prohibited for a covered entity to:
(1) discriminate against or deny full and
					 equal access to a person on the basis of the person's actual or perceived
					 disability;
(2) discriminate
					 against or deny full and equal access to a person on the basis of such person's
					 association with persons with disabilities; or
(3) discriminate against or deny full and
					 equal access to a person on the basis of such person's membership in an
					 organization identified with, or seeking to promote the interests of, persons
					 with disabilities.
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 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14327 - Reasonable Accommodations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It unlawful for a covered entity to fail or refuse to
						provide a reasonable accommodation as needed to afford an individual with a
						disability a full and equal opportunity to use or enjoy programs or activities.
						Upon receiving a request for a reasonable accommodation, covered entities shall
						engage in a good faith interactive process to determine an effective reasonable
						accommodation.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14328 - Medical Condition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is a prohibited practice for a covered entity to
						discriminate against or deny full and equal access to a person on the basis of
						the person's actual or perceived medical condition, as defined in section
						14020(cc).
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14329 - Genetic Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is a prohibited practice for a covered entity to
						discriminate against a person on the basis of the person's genetic information,
						as defined in section
						14020(u).
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14330 - Confidentiality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Information concerning a request for a reasonable accommodation for a
					 disability, or other information concerning disability, medical condition, or
					 genetic information, shall be kept confidential by covered entities in
					 accordance with the privacy protections afforded to medical information under
					 state and federal law, including the Confidentiality of Medical Information
					 Act, California Civil Code sections
					 56-
					 56.37, unless
					 confidentiality is waived by the individual with a disability or disclosure is
					 required by law.
(b) To the extent
					 necessary to review a request for an accommodation or to implement an
					 accommodation, confidential information may be disclosed only to the covered
					 entity's staff who are directly involved in the accommodation process or who
					 are necessary to implement the accommodation.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
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 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14331 - Assistance Animals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Assistance animals include guide dogs, signal dogs, service dogs, service
					 animals, and support animals as defined in section
					 14020(f).
(b) Individuals with disabilities are
					 permitted to have service animals as defined in section
					 14020(f)(1) in all
					 locations and facilities operated or controlled by covered entities. The only
					 permissible questions that can be asked of an individual to determine if the
					 animal is a service animal are:
1) "Are you
					 an individual with a disability?" and
2) "What is the disability-related task the
					 animal has been trained to perform?" It is not permitted to ask the individual
					 with a disability to demonstrate the task.