Section 14053 - Permissive Remedial Action(a) A State agency may, where necessary to overcome the effects of discrimination in violation of the Fair Employment and Housing Act, Government Code section 12900et seq., Civil Code section 51, 51.5, 51.7, 54, 54.1 or 54.2, or discrimination or denial of full and equal access under Article 9.5, this subchapter, or other implementing regulations: (1) require a recipient to take remedial action with respect to persons who are no longer participants in the recipient's program or activity but who were participants in the program when such discrimination occurred; and(2) require a recipient to take remedial action with respect to persons who would have been participants in the program or activity, had the discrimination not occurred.(b) If a recipient or recipients are found to have violated the Fair Employment and Housing Act, Government Code section 12900et seq., Civil Code section 51, 51.5, 51.7, 54, 54.1 or 54.2, the Act, this subchapter, or other implementing regulations, the state or responsible state agency may also take such remedial actions as the state or responsible state agency deems appropriate to address such violation and the effect of such violation, including requiring provision of benefits, prohibiting discriminatory conduct, or referral of the case to the Attorney General's Office or other appropriate law enforcement entities for any judicial relief at law or equity, including specific performance of agreements between the state or state agency and the recipient or recipients, enforcement of the requirements of the Act, this subchapter, and implementing regulations, and enforcement of other applicable nondiscrimination laws.(c) Nothing in this section precludes the state or responsible state agency from taking such remedial actions during the pendency of the investigation or complaint as the state or responsible state agency deems appropriate to address an alleged violation and the effect of any such alleged violation.(d) Even in the absence of a finding of discrimination or denial of full and equal access, a recipient may be permitted by the state or state agency to take voluntary steps in addition to any action that is required by Article 9.5, this subchapter, or other implementing regulations to overcome the effects of conditions that resulted in limited participation in the recipient's program or activity by individuals in a protected class.Cal. Code Regs. Tit. 2, § 14053
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135, 11136, 11137 and 11139, Government Code.
1. Renumbering of section 11158 to new section 14053, including amendment of section and NOTE, filed 3-19-2024; operative 7/1/2024 (Register 2024, No. 12).