CHAPTER 6. Discrimination Prohibited

Chapter 6 added by Stats. 1980, Ch. 992.

§§ 12940–12957 · 45 sections

1. 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…
2. 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)…