PART 2.8. CIVIL RIGHTS DEPARTMENT
Heading of Part 2.8 amended by Stats. 2022, Ch. 48, Sec. 29.
§§ 12900–12999 · 116 sections
CHAPTER 1. General Provisions §§ 12900–12907 · 8 sections
- § 12900 This part may be known and referred to as the “California Fair Employment and Housing Act.”
- § 12901 (a) There is in the state government, in the California Housing and Homelessness Agency, the Civil Rights Department. The department is under the direction of…
- § 12902 The provisions of Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 apply to the director and the director is the head of a…
- § 12903 There is in the Civil Rights Department the Civil Rights Council. The council shall consist of seven members, to be known as council members, who shall be…
- § 12904 Any member chosen to fill a vacancy on the council occurring otherwise than by expiration of term shall be appointed for the unexpired term of the member whose…
- § 12905 Each member of the council shall serve without compensation but shall receive one hundred dollars ($100) for each day actually spent in the performance of…
- § 12906 Any member of the council may be removed by the Governor for inefficiency, for neglect of duty, misconduct or malfeasance in office, after being given a…
- § 12907 (a) The Civil Rights Enforcement and Litigation Fund is hereby established in the State Treasury, to be administered by the Civil Rights Department. (b) The…
CHAPTER 2. Bureau for Descendants of American Slavery §§ 12910–12919 · 10 sections
ARTICLE 1. General §§ 12910–12919 · 10 sections
- § 12910 (a) It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and…
- § 12911 For purposes of this chapter: (a) “Bureau” means the Bureau for Descendants of American Slavery. (b) “Deputy director” means the Deputy Director of the Bureau…
- § 12912 (a) The Bureau for Descendants of American Slavery is hereby established within the department. The bureau shall be under the direct control of a deputy…
- § 12913 (a) As part of its duties, the bureau shall verify an individual’s status as a descendant. Proof of an individual’s descendant status shall be a qualifying…
- § 12914 (a) The bureau shall create an Education and Outreach Division to develop and implement a public education campaign regarding all of the following: (1) The…
- § 12915 The bureau shall create a Legal Affairs Division to do all of the following: (a) Provide legal advice, counsel, and services to the bureau and its officials.…
- § 12916 (a) Nonpublic personal and genetic information held under the bureau’s authority shall be collected, held, and disclosed only as relevant and necessary to…
- § 12917 The Civil Rights Department may adopt, promulgate, amend, and rescind suitable rules and regulations to implement this chapter.
- § 12918 (a) Notwithstanding any other law, the bureau may receive moneys from any federal, state, or local grant and from any nongovernmental entity, including from…
- § 12919 If any clause, sentence, paragraph, provision, part, or section of this chapter, or the application thereof, for any reason, is adjudged by a court of…
CHAPTER 3. Findings and Declarations of Policy §§ 12920–12923 · 5 sections
- § 12920 It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek,…
- § 12920.5 In order to eliminate discrimination, it is necessary to provide effective remedies that will both prevent and deter unlawful employment practices and redress…
- § 12921 (a) The opportunity to seek, obtain, and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical…
- § 12922 Notwithstanding any other provision of this part, an employer that is a religious corporation may restrict eligibility for employment in any position involving…
- § 12923 The Legislature hereby declares its intent with regard to application of the laws about harassment contained in this part. (a) The purpose of these laws is to…
CHAPTER 4. Definitions §§ 12925–12928 · 7 sections
- § 12925 As used in this part, unless a different meaning clearly appears from the context: (a) “Council” means the Civil Rights Council and “council member” means a…
- § 12926 As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context: (a) “Affirmative relief” or…
- § 12926.05 (a) An individual employed under a special license pursuant to Section 1191 or 1191.5 of the Labor Code in a nonprofit sheltered workshop, day program, or…
- § 12926.1 The Legislature finds and declares as follows: (a) The law of this state in the area of disabilities provides protections independent from those in the federal…
- § 12926.2 As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context: (a) “Religious corporation” means any…
- § 12927 As used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context: (a) “Affirmative actions” means…
- § 12928 Notwithstanding any other provision of this part, there is a rebuttable presumption that “employer,” as defined by subdivision (d) of Section 12926, includes…
CHAPTER 5. Powers and Duties §§ 12930–12935 · 5 sections
ARTICLE 1. The Department §§ 12930–12933 · 4 sections
- § 12930 The department shall have the following functions, duties, and powers: (a) To establish and maintain a principal office and any other offices within the state…
- § 12931 (a) The department may also provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to…
- § 12932 (a) The Legislature recognizes that the avoidance of discriminatory practices in the employment of disabled persons is most effectively achieved through the…
- § 12933 The department shall maintain liaison with the human relations commissions of cities, counties, and any city and county, and shall provide any information not…
ARTICLE 2. The Council § 12935 · 1 section
- § 12935 The council shall have the following functions, powers, and duties: (a) To adopt, promulgate, amend, and rescind suitable rules, regulations, and standards…
CHAPTER 6. Discrimination Prohibited §§ 12940–12957 · 45 sections
ARTICLE 1. Unlawful Practices, Generally §§ 12940–12954 · 29 sections
- § 12940 It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations…
- § 12940.1 For the purposes of paragraph (1) of subdivision (a) of Section 12940, it shall be presumed that an individual with heart trouble, as referred to in Section…
- § 12940.2 (a) Notwithstanding any other law, an employee’s assessment, testing, admission, or acknowledgment of their own personal bias that was made in good faith and…
- § 12940.3 Prior to January 1, 1996, a study or survey of the costs, including litigation and reasonable accommodation expenses and other impacts on California employers…
- § 12941 The Legislature hereby declares its rejection of the court of appeal opinion in Marks v. Loral Corp. (1997) 57 Cal.App.4th 30, and states that the opinion does…
- § 12942 (a) Every employer in this state shall permit any employee who indicates in writing a desire in a reasonable time and can demonstrate the ability to do so, to…
- § 12943 It shall be an unlawful employment practice unless based upon a bona fide occupational qualification: (a) For the governing board of any school district,…
- § 12944 (a) It shall be unlawful for a licensing board to require any examination or establish any other qualification for licensing that has an adverse impact on any…
- § 12945 (a) In addition to the provisions that govern pregnancy, childbirth, or a related medical condition in Sections 12926 and 12940, each of the following shall be…
- § 12945.1 Sections 12945.2 and 19702.3 shall be known, and may be cited, as the Moore-Brown-Roberti Family Rights Act.
- § 12945.2 (a) It shall be an unlawful employment practice for any employer, as defined in paragraph (4) of subdivision (b), to refuse to grant a request by any employee…
- § 12945.21 (a) The department shall create a small employer family leave mediation program for employers with between 5 and 19 employees. Under the program, when an…
- § 12945.5 It shall be an unlawful employment practice for an employer to require any employee to be sterilized as a condition of employment.
- § 12945.6 (a) For purposes of this section, the following definitions apply: (1) (A) “Assisted reproduction” means a method of achieving a pregnancy through an…
- § 12945.7 (a) As used in this section: (1) (A) “Employee” means a person employed by the employer for at least 30 days prior to the commencement of the leave. (B)…
- § 12945.8 (a) An employer shall not do any of the following: (1) Discharge or in any manner discriminate against an employee for taking time off to serve as required by…
- § 12946 (a) It shall be an unlawful practice for employers, labor organizations, and employment agencies subject to the provisions of this part to fail to maintain and…
- § 12947 It shall not be an unlawful practice under this part for an employer or labor organization to provide or make financial provision for child care services of a…
- § 12947.5 (a) It shall be an unlawful employment practice for an employer to refuse to permit an employee to wear pants on account of the sex of the employee. (b)…
- § 12948 It is an unlawful practice under this part for a person to deny or to aid, incite, or conspire in the denial of the rights created by Section 51, 51.5, 51.7,…
- § 12949 Nothing in this part relating to gender-based discrimination affects the ability of an employer to require an employee to adhere to reasonable workplace…
- § 12950 In addition to employer responsibilities set forth in subdivisions (j) and (k) of Section 12940 and in rules adopted by the department and the council, every…
- § 12950.1 (a) (1) By January 1, 2021, an employer having five or more employees shall provide at least two hours of classroom or other effective interactive training and…
- § 12950.2 An employer may also provide bystander intervention training that includes information and practical guidance on how to enable bystanders to recognize…
- § 12950.3 (a) For purposes of this section, “employer” means a hotel or motel. “Employer” does not mean a bed and breakfast inn, as that term is defined in subdivision…
- § 12951 (a) It is an unlawful employment practice for an employer, as defined in subdivision (d) of Section 12926, to adopt or enforce a policy that limits or…
- § 12952 (a) Except as provided in subdivision (d), it is an unlawful employment practice for an employer with five or more employees to do any of the following: (1) To…
- § 12953 It is an unlawful employment practice for an employer to violate Section 432.6 of the Labor Code.
- § 12954 (a) (1) Except as specified in subdivision (c), it is unlawful for an employer to discriminate against a person in hiring, termination, or any term or…
ARTICLE 2. Housing Discrimination §§ 12955–12957 · 16 sections
- § 12955 It shall be unlawful: (a) For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex,…
- § 12955.1 (a) For purposes of Section 12955, “discrimination” includes, but is not limited to, a failure to design and construct a covered multifamily dwelling in a…
- § 12955.1.1 For purposes of Section 12955.1, the following definitions shall apply: (a) “Covered multifamily dwellings” means both of the following: (1) Buildings that…
- § 12955.2 For purposes of this part, “familial status” means one or more individuals under 18 years of age who reside with a parent, another person with care and legal…
- § 12955.3 For purposes of this part, “disability” includes, but is not limited to, any physical or mental disability as defined in Section 12926.
- § 12955.4 Nothing in this part shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised, or…
- § 12955.5 Nothing in this part shall preclude the government from establishing programs to collect information relating to discriminatory housing practices.
- § 12955.6 Nothing in this part shall be construed to afford to the classes protected under this part, fewer rights or remedies than the federal Fair Housing Amendments…
- § 12955.7 It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having…
- § 12955.8 For purposes of this article, in connection with unlawful practices: (a) Proof of an intentional violation of this article includes, but is not limited to, an…
- § 12955.9 (a) The provisions of this part relating to discrimination on the basis of familial status shall not apply to housing for older persons. (b) As used in this…
- § 12956 Upon notice that a verified complaint against it has been filed under this part, any owner of housing accommodations shall maintain and preserve any and all…
- § 12956.1 (a) As used in this section: (1) “Association,” “governing documents,” and “declaration” have the same meanings as set forth in Sections 4080, 4135, and 4150…
- § 12956.2 (a) (1) A person who holds or is acquiring an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive…
- § 12956.3 (a) The county recorder of each county shall establish a restrictive covenant program to assist in the redaction of unlawfully restrictive covenants in…
- § 12957 (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)…
CHAPTER 7. Enforcement and Hearing Procedures §§ 12960–12989.3 · 30 sections
ARTICLE 1. Unlawful Practices §§ 12960–12976 · 19 sections
- § 12960 (a) This article governs the procedure for the prevention and elimination of practices made unlawful pursuant to Article 1 (commencing with Section 12940) of…
- § 12961 (a) If an unlawful practice alleged in a verified complaint adversely affects, in a similar manner, a group or class of persons of which the aggrieved person…
- § 12962 (a) The department shall cause any verified complaint filed for investigation under the provisions of this part to be served upon the person, employer, labor…
- § 12963 After the filing of any complaint alleging facts sufficient to constitute a violation of any of the provisions of this part, the department shall make prompt…
- § 12963.1 Upon the filing of a complaint under Section 12960, 12961, or 12980: (a) The department may issue and serve upon an individual, corporation, partnership,…
- § 12963.2 Upon the filing of a complaint under Section 12960, 12961, or 12980: (a) The department may issue and serve written interrogatories on the same individuals and…
- § 12963.3 (a) Depositions taken by the department shall be noticed by issuance and service of a subpoena pursuant to Section 12963.1. If, in the course of the…
- § 12963.4 (a) The department may issue and serve requests for production for inspection and copying of books, records, documents, and physical materials in the…
- § 12963.5 (a) The superior courts shall have jurisdiction to compel the attendance and testimony of witnesses, the production of books, records, documents, and physical…
- § 12963.7 (a) If the department determines after investigation that the complaint is valid, the department shall immediately endeavor to eliminate the unlawful…
- § 12964 Any agreement entered into by conference, conciliation, persuasion, or other dispute resolution shall be reduced to writing, signed by all parties, and, where…
- § 12964.5 (a) (1) It is an unlawful employment practice for an employer, in exchange for a raise or bonus, or as a condition of employment or continued employment, to do…
- § 12965 (a) (1) In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance…
- § 12966 Where the department initiates a civil action, or is about to do so, and the party accused of engaging in unlawful practices under this part is a state…
- § 12971 If, at any time during the proceedings described in this part, after a complaint has been served on a respondent, the complaint is withdrawn by the complainant…
- § 12973 Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to…
- § 12974 Whenever a complaint is filed with the department and the department concludes on the basis of a preliminary investigation that prompt judicial action is…
- § 12975 Any person who shall willfully resist, prevent, impede, or interfere with any member of the department or the council or any of its agents or employees in the…
- § 12976 Any person who willfully violates Section 12946 concerning recordkeeping is guilty of a misdemeanor, punishable by imprisonment in a county jail, not exceeding…
ARTICLE 2. Housing Discrimination §§ 12980–12989.3 · 11 sections
- § 12980 This article governs the procedure for the prevention and elimination of discrimination in housing made unlawful pursuant to Article 2 (commencing with Section…
- § 12981 (a) (1) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7 that has occurred, or is about to occur, through conference,…
- § 12981.1 The department shall not dismiss a complaint unless the complainant withdraws the complaint or the department determines after a thorough investigation that,…
- § 12983 The department at any time after a complaint is filed with it and it has been determined that probable cause exists for believing that the allegations of the…
- § 12984 Except as provided in Section 12980, all matters connected with any conference, conciliation, or persuasion efforts under this part are privileged and may not…
- § 12985 When a person is contacted by the department or a member of the department’s staff, following the filing of a complaint against that person, the person shall…
- § 12986 The department shall within 10 days cause a copy of the verified complaint that has been filed under this part to be served upon or mailed to the respondent…
- § 12988 The department may engage in affirmative actions with owners in furtherance of the purpose of this part as expressed in Section 12920.
- § 12989.1 (a) An aggrieved person may commence a civil action in an appropriate court not later than two years after the occurrence or the termination of an alleged…
- § 12989.2 In a civil action brought under Section 12981 or 12989.1, if the court finds that a discriminatory housing practice has occurred or is about to occur, the…
- § 12989.3 (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of denying to others…
CHAPTER 8. Nondiscrimination and Compliance Employment Programs § 12990 · 1 section
- § 12990 (a) Any employer who is, or wishes to become, a contractor with the state for public works or for goods or services is subject to the provisions of this part…
CHAPTER 9. Miscellaneous §§ 12993–12996 · 4 sections
- § 12993 (a) The provisions of this part shall be construed liberally for the accomplishment of the purposes of this part. This part does not repeal any of the…
- § 12993.5 Notwithstanding Section 12993, nothing contained in this part shall be construed, in any manner or way, to limit or restrict the application of Section 51.7 of…
- § 12995 (a) Nothing contained in this part relating to discrimination in housing shall be construed to: (1) Affect the title or other interest of a person who, prior…
- § 12996 If any clause, sentence, paragraph, or part of this part relating to discrimination in employment or the application thereof to any person or circumstance,…
CHAPTER 10. Annual Pay Data Report § 12999 · 1 section
- § 12999 (a) (1) On or before the second Wednesday of May 2023, and on or before the second Wednesday of May of each year thereafter, a private employer that has 100 or…