Section 14026 - Discriminatory Practices and Unlawful Denial of Full and Equal Access(a) It is a prohibited practice for any covered entity, in carrying out or failing to carry out any program or activity or providing, denying, or delaying any services or benefits directly or indirectly through contractual, licensing or other arrangements, to treat in purpose or effect any person unfavorably without legal justification on the basis of the protected class of the person, including by: (1) denying a person the opportunity or right to apply for, receive the benefits of, or participate in a program or activity;(2) affording a person the opportunity or right to apply for, receive the benefits of, or participate in a program or activity that is not full and equal to the program or activity afforded others;(3) providing a program or activity to a person that is not as effective in affording a full and 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;(4) providing different or separate programs or activities to a person, or to any class of persons, than is provided to others, or providing programs or activities at a different time, unless such action is clearly necessary to provide such persons with full and equal access to as truly effective a program or activity as that provided to others;(5) aiding or perpetuating discrimination against a person by providing or transferring state support to a covered entity that discriminates in conduct, operation, or administration of any program or activity;(6) excluding a person from participation as a member of a planning or advisory board. Under this requirement, it is a discriminatory practice for a covered entity to fail to make reasonable efforts to achieve a representative board. However, such requirement is not deemed to impose adherence to a quota system;(7) limiting a person in the exercise or enjoyment of any right, privilege, advantage, or opportunity enjoyed by others participating in or receiving any aid, benefit, or service resulting from a program or activity;(8) denying 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;(9) utilizing criteria or methods of administration that:(A) subject a person to discrimination on the basis of membership in, perception of membership in, or association with someone in a protected class;(B) defeat or substantially impair the accomplishment of the objectives of the covered entity's program or activity with respect to membership in a protected class. The objectives of a program or activity shall include its overall mission or purpose as reflected in sources, such as relevant statutes, legislative intent and history, and regulations;(C) create, increase, reinforce, or perpetuate discrimination or segregation by another covered entity based on membership in a protected class; or(D) create, increase, reinforce, or perpetuate discrimination or segregation based on membership in a protected class.(10) making or allowing selections or closures of sites or locations of facilities, or making, issuing, or denying permits for programs, services, activities, or facilities that:(A) exclude from, deny the benefits of, or otherwise subject persons to discrimination under any program or activity;(B) defeat or substantially impair the accomplishment of the objectives of the program or activity with respect to membership in a protected class.(11) interfering with admittance to or enjoyment of public facilities or the rights of an individual with a disability under any program or activity.(b) This subsection applies to any covered entity engaging in permitting activity or site or facility selection, notwithstanding that other covered entities have issued, allowed, or made permits or selections relating to the same program, activity, site, or facility.Cal. Code Regs. Tit. 2, § 14026
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135, 11139, 12926, 12926.1 and 12940, Government Code.
1. Renumbering of section 11154 to new section 14026, including amendment of section heading, section and NOTE, filed 3-19-2024; operative 7/1/2024 (Register 2024, No. 12).