Government Code §§11135 et seq. prohibit unlawfully denied benefits or discriminating based on ethnic group identification, religion, age, sex, color, or physical or mental disability by employers that undertake programs or activities that are funded directly by the state, and employers that receive any financial assistance from the state.
CALIFORNIA CODES
GOVERNMENT CODE
SECTION 11135-11139.7
11135. (a) No person in the State of California shall, on the basis
of race, national origin, ethnic group identification, religion,
age, sex, sexual orientation, color, or disability, be unlawfully
denied full and equal access to the benefits of, or be unlawfully
subjected to discrimination under, any program or activity that is
conducted, operated, or administered by the state or by any state
agency, is funded directly by the state, or receives any financial
assistance from the state. Notwithstanding Section 11000, this
section applies to the California State University.
(b) With respect to discrimination on the basis of disability,
programs and activities subject to subdivision (a) shall meet the
protections and prohibitions contained in Section 202 of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and
the federal rules and regulations adopted in implementation thereof,
except that if the laws of this state prescribe stronger protections
and prohibitions, the programs and activities subject to subdivision
(a) shall be subject to the stronger protections and prohibitions.
(c) (1) As used in this section, "disability" means any mental or
physical disability, as defined in Section 12926.
(2) The Legislature finds and declares that the amendments made to
this act are declarative of existing law. The Legislature further
finds and declares that in enacting Senate Bill 105 of the 2001-02
Regular Session (Chapter 1102 of the Statutes of 2002), it was the
intention of the Legislature to apply subdivision (d) to the
California State University in the same manner that subdivisions (a),
(b), and (c) of this section already applied to the California State
University, notwithstanding Section 11000. In clarifying that the
California State University is subject to paragraph (2) of
subdivision (d), it is not the intention of the Legislature to
increase the cost of developing or procuring electronic and
information technology. The California State University shall,
however, in determining the cost of developing or procuring
electronic or information technology, consider whether technology
that meets the standards applicable pursuant to paragraph (2) of
subdivision (d) will reduce the long-term cost incurred by the
California State University in providing access or accommodations to
future users of this technology who are persons with disabilities, as
required by existing law, including this section, Title II of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 and
following), and Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. Sec. 794).
(d) (1) The Legislature finds and declares that the ability to
utilize electronic or information technology is often an essential
function for successful employment in the current work world.
(2) In order to improve accessibility of existing technology, and
therefore increase the successful employment of individuals with
disabilities, particularly blind and visually impaired and deaf and
hard-of-hearing persons, state governmental entities, in developing,
procuring, maintaining, or using electronic or information
technology, either indirectly or through the use of state funds by
other entities, shall comply with the accessibility requirements of
Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
Sec. 794d), and regulations implementing that act as set forth in
Part 1194 of Title 36 of the Federal Code of Regulations.
(3) Any entity that contracts with a state or local entity subject
to this section for the provision of electronic or information
technology or for the provision of related services shall agree to
respond to, and resolve any complaint regarding accessibility of its
products or services that is brought to the attention of the entity.
(e) As used in this section, "sex" and "sexual orientation" have
the same meanings as those terms are defined in subdivisions (p) and
(q) of Section 12926.
(f) As used in this section, "race, national origin, ethnic group
identification, religion, age, sex, sexual orientation, color, or
disability" includes a perception that a person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
11136. Whenever a state agency that administers a program or
activity that is funded directly by the state or receives any
financial assistance from the state, has reasonable cause to believe
that a contractor, grantee, or local agency has violated the
provisions of Section 11135, or any regulation adopted to implement
such section, the head of the state agency shall notify the
contractor, grantee, or local agency of such violation and shall,
after considering all relevant evidence, determine whether there is
probable cause to believe that a violation of the provisions of
Section 11135, or any regulation adopted to implement such section,
has occurred. In the event that it is determined that there is
probable cause to believe that the provisions of Section 11135, or
any regulation adopted to implement such section, have been violated,
the head of the state agency shall cause to be instituted a hearing
conducted pursuant to the provisions of Chapter 5 (commencing with
Section 11500) of this part to determine whether a violation has
occurred.
11137. If it is determined that a contractor, grantee, or local
agency has violated the provisions of this article, the state agency
that administers the program or activity involved shall take action
to curtail state funding in whole or in part to such contractor,
grantee, or local agency.
11138. Each state agency that administers a program or activity
that is funded directly by the state or receives any financial
assistance from the state and that enters into contracts for the
performance of services to be provided to the public in an aggregate
amount in excess of one hundred thousand dollars ($100,000) per year
shall, in accordance with the provisions of Chapter 4.5 (commencing
with Section 11371) of this part, adopt such rules and regulations as
are necessary to carry out the purpose and provisions of this
article.
11139. The prohibitions and sanctions imposed by this article are
in addition to any other prohibitions and sanctions imposed by law.
This article shall not be interpreted in a manner that would
frustrate its purpose.
This article shall not be interpreted in a manner that would
adversely affect lawful programs which benefit the disabled, the
aged, minorities, and women.
This article and regulations adopted pursuant to this article may
be enforced by a civil action for equitable relief, which shall be
independent of any other rights and remedies.
11139.3. (a) It is the policy of this state and the purpose of this
section to facilitate and support the development and operation of
housing for homeless youth.
(b) The provision of housing for homeless youth is hereby
authorized and shall not be considered unlawful age discrimination,
notwithstanding any other provision of law, including, but not
limited to, Sections 51, 51.2, and 51.10 of the Civil Code, Sections
11135, 12920, and 12955 of this code, Chapter 11.5 (commencing with
Section 50800) of Part 2 of Division 31 of the Health and Safety
Code, and local housing or age discrimination ordinances.
(c) This section shall not be construed to permit discrimination
against families with children.
(d) This section shall occupy the field of regulation of housing
for homeless youth by any local public entity, including, but not
limited to, a city, county, and city and county.
(e) For purposes of this section, the following definitions shall
apply:
(1) "At risk of becoming homeless" means facing eviction or
termination of one's current housing situation.
(2) "Homeless youth" means either of the following:
(A) A person who is not older than 24 years of age, and meets one
of the following conditions:
(i) Is homeless or at risk of becoming homeless.
(ii) Is no longer eligible for foster care on the basis of age.
(iii) Has run away from home.
(B) A person who is less than 18 years of age who is emancipated
pursuant to Part 6 (commencing with Section 7000) of Division 1 of
the Family Code and who is homeless or at risk of becoming homeless.
(3) "Housing for homeless youth" means emergency, transitional, or
permanent housing tied to supportive services that assist homeless
youth in stabilizing their lives and developing the skills and
resources they need to make a successful transition to independent,
self-sufficient adulthood.
11139.5. The Secretary of the Health and Welfare Agency, with the
advice and concurrence of the Fair Employment and Housing Commission,
shall establish standards for determining which persons are
protected by this article and standards for determining what
practices are discriminatory. The secretary, with the cooperation of
the Fair Employment and Housing Commission, shall assist state
agencies in coordinating their programs and activities and shall
consult with such agencies, as necessary, so that consistent
policies, practices, and procedures are adopted with respect to the
enforcement of the provisions of the article.
11139.6. (a) (1) The Legislature finds and declares that
subdivision (a) of Section 31 of Article I of the California
Constitution prohibits state and local government agencies from
discriminating against or granting preferential treatment to any
individual or group on the basis of race, sex, color, ethnicity, or
national origin in the operation of public employment, public
education, and public contracting. The Legislature finds that this
prohibition does not prevent governmental agencies from engaging in
inclusive public sector outreach and recruitment programs that, as a
component of general recruitment, may include, but not be limited to,
focused outreach and recruitment of minority groups and women if any
group is underrepresented in entry level positions of a public
sector employer.
(2) The Legislature also finds and declares that increasing the
number of businesses that participate in the bidding process in
public contracting results in more vigorous competition, and thus
assists state and local agencies in obtaining the desired quality of
work at a lower cost.
(3) It is the intent of this section that all governmental
agencies shall engage in general recruitment and outreach programs to
all individuals, including persons who are economically
disadvantaged.
(b) For purposes of this section, underrepresentation shall be
determined by comparing the minority group or the number of women at
the governmental agency with that group's representation in the
current civilian labor force in the jurisdiction of the governmental
agency.
(c) State government employment shall use current state civilian
labor force data to implement this section.
(d) It is the intent of this section to allow public sector
employers to conduct outreach efforts with a goal of supplementing
word-of-mouth recruitment that should result in increasing diversity
of the public sector workforce.
(e) The type of recruitment activities allowed would include, but
not be limited to, placement of job announcements in the following
media instruments:
(1) General circulation newspapers, general circulation
publications, and general market radio and television stations,
including electronic media.
(2) Local and regional community newspapers.
(3) Newspapers, publications, and radio and television stations
that provide information in languages other than English and whose
primary audience is residents of minority and low-income communities.
(4) Publications, including electronic media, that are distributed
to the general market and to newspapers, publications, and radio and
television stations whose primary audience is comprised of minority
groups or women.
(5) Recruitment booths at job fairs or conferences oriented to
both the general market and the economically disadvantaged as well as
those events drawing a significant participation by minorities or
women.
11139.7. (a) The Governor's Task Force on Diversity and Outreach,
in its August 1, 2000, report, concluded that data on minority
business participation is not currently available, and that lack of
useful data on minority business participation in state contracting
is an overarching issue to be addressed.
(b) In contracting for and procuring goods, services, information
technology, construction, architecture, and engineering consulting,
and other consulting services, state and local departments and
agencies are authorized to engage in focused outreach activities in
addition to general outreach, for purposes of increasing
participation by California's small business sector and increasing
diversity in the state's contracting and procurement activities.
(c) Outreach activities may include, but are not limited to, the
following:
(1) Invitations to bid distributed by state and local departments
and agencies to state and local small business and trade associations
and chambers of commerce, including ethnic chambers of commerce, and
other business and professional associations, including professional
minority, women, and disabled veteran-owned business and
professional groups and associations, as appropriate.
(2) Publication of advertising concerning state and local
contracting and procurement opportunities in trade papers and other
publications focusing on small business enterprises, including
publications and newspapers in languages other than English and those
whose primary readership is minority, women, or disabled
veteran-owned businesses.
(3) Outreach by small business advocates in each state or local
government department or agency to state and local small business and
trade associations and chambers of commerce, including ethnic
chambers of commerce, and other business and professional
associations, including professional minority, women, and disabled
veteran-owned business and professional groups and associations, as
appropriate.
To figure out if your discrimination situation is illegal you must determine:
1. If you are an employee protected from discrimination under the law.
2. If your employer is subject to anti-discrimination laws.
3. If your employer's conduct is considered discriminatory under the law.
4. If the reason your employer discriminate against you violates the law.
