(a) Defenses. Generally. In addition to any other defense provided herein, once an inference of employment discrimination on the basis of age has been established, an employer or other covered entity may prove one or more appropriate defenses as generally set forth in section 11010 of subchapter 2.
(b) Specific Defenses, Exemptions, Permissible Practices. An employment practice that discriminates on the basis of age is permissible, exempted, or has a valid defense:
(1) If the practice is otherwise mandated or permitted by federal or state law that preempts, supersedes, or otherwise takes precedence over the Act;
(2) If the practice, at the time it occurred, was deemed lawful by the terms of one or more sections of this article;
(3) If the practice is declared by one or more sections of this article to be permissible or lawful.
Credits
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12941 and 12942, Government Code.
1. Change without regulatory effect renumbering former section 7295.3 to new section 11077 and amending section filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).
This database is current through 7/12/24 Register 2024, No. 28.
Cal. Admin. Code tit. 2, § 11077, 2 CA ADC § 11077
