§ 12993
488 words·~2 min read·
/ca/government-code/12993A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The provisions of this part shall be construed liberally for the accomplishment of the purposes of this part. This part does not repeal any of the provisions of civil rights law or of any other law of this state relating to discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, reproductive health decisionmaking, or sexual orientation, unless those provisions provide less protection to the enumerated classes of persons covered under this part.
(b)The provisions in this part relating to discrimination in employment on account of sex or medical condition do not affect the operation of the terms or conditions of any bona fide retirement, pension, employee benefit, or insurance plan, provided the terms or conditions are in accordance with customary and reasonable or actuarially sound underwriting practices.
(1)It is the intention of the Legislature to occupy the field of regulation of discrimination in employment and housing encompassed by the provisions of this part, exclusive of all other laws banning discrimination in employment and housing by any city, city and county, county, or other political subdivision of the state.
(2)Notwithstanding paragraph (1), this part does not limit or restrict the application of Section 51 of the Civil Code.
(A)Notwithstanding paragraph (1), this part does not limit or restrict efforts by any city, city and county, county, or other political subdivision of the state to enforce local law prohibiting discrimination in employment against any of the enumerated classes of persons covered under this part, provided that the enforcement meets all of the following requirements:
(i)The local enforcement concerns an employment complaint filed with the department.
(ii)The local enforcement occurs after the department has issued a right-to-sue notice under Section 12965.
(iii)The local enforcement commences before the expiration of the time to file a civil action specified in the right-to-sue notice described in clause (ii).
(iv)The local enforcement is pursuant to a local law that is at least as protective as this part.
(B)The time to file a civil action specified in the right-to-sue notice described in clause
(ii)of subparagraph
(A)shall be tolled during a local enforcement pursuant to this paragraph.
(i)Pursuant to subdivision
(e)of Section 12930, the department shall promulgate regulations governing local enforcement pursuant to this paragraph.
(ii)Any local enforcement pursuant to this paragraph shall comply with the regulations promulgated pursuant to this subparagraph within one year of the effective date of those regulations.
(iii)Prior to the effective date of the regulations as described in clause (ii), any local enforcement pursuant to this paragraph shall use procedures that are substantially similar to those described in Article 1 (commencing with Section 12960) of Chapter 7.
(D)This paragraph does not prohibit a complainant from filing a timely civil action following receipt of a right-to-sue notice from the department.