Section 14027 - Standards for Determining Discrimination and Unlawful Denial of Full and Equal Access(a) In order to determine whether a practice is discriminatory or unlawfully denies full and equal access, all sources of information may be used, including the sources of information and methods used by state and federal courts and agencies in determining whether a practice is discriminatory or denies full and equal access. The sources of information and methods used by federal courts and agencies shall be considered a floor and not a ceiling, consistent with the objective of Article 9.5 and this subchapter to provide the broadest protections for civil rights.(b) Practices prohibited by Article 9.5 and this subchapter include facial discrimination, intentional discrimination, disparate impact discrimination, and denial of full and equal access. (1) Facial discrimination, sometimes referred to express discrimination, is unlawful per se under Article 9.5, this subchapter, and other implementing regulations. Such discrimination includes practices that classify individuals and provide them aid, benefits, or services on the basis of their inclusion or exclusion from a protected class, except to the extent they lawfully benefit members of a protected class, such as by being part of a lawful affirmative action plan.(2) Practices that intentionally discriminate against individuals on the basis of membership in a protected class are prohibited under Article 9.5, this subchapter, and other implementing regulations. Intentional discrimination is established when a protected basis is a motivating factor in taking an adverse action even though other factors may have also motivated the practice. Intentional discrimination may be proved by direct or circumstantial evidence. "Intentional" discrimination includes "purposeful" discrimination.(3) Disparate impact discrimination is prohibited under Article 9.5, this subchapter, and other implementing regulations. "Disparate impact," "discriminatory effect," and "adverse impact" are used interchangeably. Disparate impact occurs when a facially neutral act or practice, regardless of intent, (a) has an adverse or disproportionate impact, or predictably results in an adverse or disproportionate impact, on members of a protected class; (b) creates, increases, reinforces, or perpetuates discrimination or segregation of members of a protected class; or (c) has the effect of violating any of the other prohibitions in Article 9.5, this subchapter, or other implementing regulations. A practice with a disparate impact may nevertheless still be lawful if supported by a legally sufficient justification, as set out in section 14029.Cal. Code Regs. Tit. 2, § 14027
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135, 12926, 12926.1, 12940, 12955 and 12955.8, Government Code.
1. New section filed 3-19-2024; operative 7/1/2024 (Register 2024, No. 12).