§ 11154. Discriminatory Practices Applicable to All Persons.

2 CA ADC § 11154Barclays Official California Code of RegulationsEffective: [See Text Amendments] to June 30, 2024

Barclays California Code of Regulations
Title 2. Administration
Division 4.1. Civil Rights Department
Chapter 5. Civil Rights Council
Subchapter 6. Nondiscrimination in State-Supported Programs and Activities
Article 2. Discriminatory Practices Relating to All Groups Protected by Article 9.5
Subarticle 1. Purpose of this Chapter
Effective: [See Text Amendments] to June 30, 2024
2 CCR § 11154
§ 11154. Discriminatory Practices Applicable to All Persons.
It is a discriminatory practice for a recipient, in carrying out any program or activity directly, or through contractual, licensing or other arrangements, on the basis of ethnic group identification, religion, age, sex, color, or a physical or mental disability:
(a) to deny a person the opportunity to participate in, or benefit from an aid, benefit or service;
(b) to afford a person the opportunity to participate in or benefit from an aid, benefit or service that is not equal to that afforded others;
(c) to provide a person with an aid, benefit or service that is not as effective in affording an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others. In some situations, identical treatment may be discriminatory;
(d) to provide different or separate aid, benefits or services to a person, or to any class of persons, than is provided to others, or to provide aid, benefits or services at a different time, unless such action is clearly necessary to provide such persons with an equal opportunity to receive as truly effective aid, benefits or services as those provided to others;
(e) to aid or perpetuate discrimination by transferring State support to another recipient that discriminates in providing any aid, benefit or service;
(f) to exclude a person from participation as a member of a planning or advisory board. Under this requirement, it is a discriminatory practice for a recipient to fail to make reasonable efforts to achieve a representative board. However, such requirement is not deemed to impose adherence to a quota system;
(g) to otherwise limit a person in the enjoyment of any right, privilege, advantage or opportunity enjoyed by others receiving any aid, benefit or service resulting from the program or activity;
(h) to deny a person the opportunity to participate in programs or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities;
(i) to utilize criteria or methods of administration that:
(1) have the purpose or effect of subjecting a person to discrimination on the basis of ethnic group identification, religion, age, sex, color, or a physical or mental disability;
(2) have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the recipient's program with respect to a person of a particular ethnic group identification, religion, age, sex, color, or with a physical or mental disability; or
(3) perpetuate discrimination by another recipient on the basis of ethnic group identification, religion, age, sex, color, or a physical or mental disability.
(j) to make or permit selections of sites or locations of facilities:
(1) that have the purpose or effect of excluding persons from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity;
(2) that have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to a person of a particular ethnic group identification, religion, age, sex, color, or with a physical or mental disability.

Credits

Note: Authority cited: Section 12935(a), Government Code. Reference: Section 11135, 11139 and 11139.5, Government Code.
History
1. Change without regulatory effect renumbering former title 22, section 98101 to title 2, section 11154 (including amendment of Note), pursuant to Government Code section 11135, subdivision (a), as amended by Statutes 2016, chapter 870 (SB 1442) filed 1-11-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 2).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 2, § 11154, 2 CA ADC § 11154
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