Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 14101 - Prohibited Practices on the Bases of Ancestry, Ethnic Group Identification, and National Origin(a) Among other prohibited practices, it is prohibited for a covered entity to: (1) discriminate against or deny full and equal access to a person on the basis of the person's actual or perceived ancestry, ethnic group identification, or national origin, including a person's primary language or accent;(2) discriminate against or deny full and equal access to a person on the basis of such person's association with persons of a particular ancestry, ethnic group identification, or national origin.(3) discriminate against a person on the basis of such person's membership in an organization identified with, or seeking to promote the interests of persons of a particular ancestry, ethnic group identification, or national origin, or because a person's name, or that of their spouse, is believed to reflect a particular ancestry, ethnic group identification, or national origin; or(4) fail to take reasonable steps to ensure meaningful access to its programs and activities by LEP persons, including through the use of alternative communication services. The determination of whether a covered entity has failed to take reasonable steps to ensure meaningful access to its programs and activities by LEP persons is a case-specific, fact-based inquiry that must balance at least the following five factors: (A) The number or proportion of LEP persons eligible to be served or likely to be encountered by the covered entity;(B) The frequency with which LEP individuals come in contact with the program or activity;(C) The nature and importance to people's lives of the program or activity provided by the covered entity;(D) The significance of the communication to an individual's ability to access or be served by the program or activity; and(E) The resources available to the covered entity.Cal. Code Regs. Tit. 2, § 14101
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135, 11136 and 11139, Government Code.
1. New section filed 3-19-2024; operative 7/1/2024 (Register 2024, No. 12).