SECTIONS 19700-19706 - California Statutes

GOVERNMENT CODE

SECTION 19700-19706

19700. The board, its executive officer, or any appointing power
shall not adopt any rule, either written or unwritten, prohibiting
the employment of any person in any state position who is otherwise
qualified therefor, solely because of his or her age, except as
provided in Section 18932.

19701. A person shall not be discriminated against under this part
because of total or partial blindness unless normal eyesight is
absolutely indispensable to do the physical acts to be performed.
It shall be an unlawful employment practice, unless based upon a
bona fide occupational qualification as determined by a validation
study conducted by the State Personnel Board, for the state to refuse
to hire, employ, promote, or select for a training program leading
to employment, or to discriminate in compensation or in terms or
privileges of employment because of color vision anomaly or defect,
commonly known as color blindness or color weakness, in the vision of
any person.

19702. (a) A person shall not be discriminated against under this
part on any basis listed in subdivision (a) of Section 12940, as
those bases are defined in Sections 12926 and 12926.1, except as
otherwise provided in Section 12940. A person shall not be retaliated
against because he or she has opposed any practice made an unlawful
employment practice, or made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding, or
hearing under this part. This subdivision is declaratory of existing
law.
(b) For purposes of this article, "discrimination" includes
harassment.
(c) If the board finds that a person has engaged in discrimination
under this part, and it appears that this practice consisted of acts
described in Section 243.4, 261, 262, 286, 288, 288a, or 289 of the
Penal Code, the board, with the consent of the complainant, shall
provide the local district attorney's office with a copy of the board'
s decision and order.
(d) (1) Except as otherwise provided in paragraph (2), if the
board finds that discrimination has occurred in violation of this
part, the board shall issue and cause to be served on the appointing
authority an order requiring the appointing authority to cause the
discrimination to cease and desist and to take any action, including,
but not limited to, hiring, reinstatement, or upgrading of
employees, with or without backpay, and compensatory damages, which,
in the judgment of the board, will effectuate the purposes of this
part. Consistent with this authority, the board may establish rules
governing the award of compensatory damages. The order shall include
a requirement of reporting the manner of compliance.
(2) Notwithstanding paragraph (1), this paragraph applies to state
employees in State Bargaining Unit 6 or 8. If the board finds that
discrimination has occurred in violation of this part, the board
shall issue and cause to be served on the appointing authority an
order requiring the appointing authority to cause the discrimination
to cease and desist and to take any action, including, but not
limited to, hiring, reinstatement, or upgrading of employees, with or
without backpay, adding additional seniority, and compensatory
damages, which, in the judgment of the board, will effectuate the
purposes of this part. Consistent with this authority, the board may
establish rules governing the award of compensatory damages. The
order shall include a requirement of reporting the manner of
compliance.
(e) Any person claiming discrimination within the state civil
service may submit a written complaint that states the particulars of
the alleged discrimination, the name of the appointing authority,
the persons alleged to have committed the unlawful discrimination,
and any other information that the board may require. The complaint
shall be filed with the appointing authority or, in accordance with
board rules, with the board itself.
(f) (1) Complaints shall be filed within one year of the alleged
unlawful discrimination or the refusal to act in accordance with this
section, except that this period may be extended for not greater
than 90 days following the expiration of that year, if a person
allegedly aggrieved by unlawful discrimination first obtained
knowledge of the facts of the alleged unlawful discrimination after
the expiration of one year from the date of its occurrence.
Complaints of discrimination in adverse actions or rejections on
probation shall be filed in accordance with Sections 19175 and 19575.
(2) Notwithstanding paragraph (1), this paragraph shall apply only
to state employees in State Bargaining Unit 8. Complaints shall be
filed within one year of the alleged unlawful discrimination or the
refusal to act in accordance with this section, except that this
period may be extended for not greater than 90 days following the
expiration of that year, if a person allegedly aggrieved by unlawful
discrimination first obtained knowledge of the facts of the alleged
unlawful discrimination after the expiration of one year from the
date of its occurrence. Complaints of discrimination in disciplinary
actions defined in Section 19576.5 shall be filed in accordance with
that section. Complaints of discrimination in all other disciplinary
actions shall be filed in accordance with Section 19575. Complaints
of discrimination in rejections on probation shall be filed in
accordance with Section 19175.3.
(g) If an employee of the appointing authority refuses, or
threatens to refuse, to cooperate in the investigation of a complaint
of discrimination, the appointing authority may seek assistance from
the board. The board may provide for direct investigation or hearing
of the complaint, the use of subpoenas, or any other action that
will effectuate the purposes of this section.
(h) If a person demonstrates by a preponderance of evidence that
the person's opposition to any practice made an unlawful employment
practice under this part, or the person's charging, testifying,
assisting, or participation in any manner in an investigation,
proceeding, or hearing under this part, was a contributing factor in
any adverse employment action taken against him or her, the burden of
proof shall be on the supervisor, manager, employee, or appointing
power to demonstrate by clear and convincing evidence that the
alleged adverse employment action would have occurred for legitimate,
independent reasons even if the person had not engaged in activities
protected under this part. If the supervisor, manager, employee, or
appointing power fails to meet this burden of proof in any
administrative review, challenge, or adjudication in which
retaliation has been demonstrated to be a contributing factor, the
person shall have a complete affirmative defense to the adverse
employment action.
(i) As used in this part, "adverse employment action" includes
promising to confer, or conferring, any benefit, effecting, or
threatening to effect, any reprisal, or taking, or directing others
to take, or recommending, processing, or approving, any personnel
action, including, but not limited to, appointment, promotion,
transfer, assignment, performance evaluation, suspension, or other
disciplinary action.

19702.1. Hiring and promotion pursuant to this part shall conform
to the Federal Civil Rights Act of 1964.

19702.2. Educational prerequisites or testing or evaluation methods
which are not job-related shall not be employed as part of hiring
practices or promotional practices conducted pursuant to this part
unless there is no adverse effect.
Nothing in this section shall be interpreted to limit the
authority of the State Personnel Board regarding the state merit
selection and examining program under Article VII of the California
Constitution and this division.

19702.3. (a) An appointing authority shall not refuse to hire, and
shall not discharge, suspend, expel, or discriminate against, any
individual because of any of the following:
(1) An individual's exercise of the right to family care leave
provided by subdivision (a) of Section 12945.2.
(2) An individual's giving information or testimony as to his or
her own family care leave, or another person's family care leave, in
any inquiry or proceeding related to rights guaranteed under Section
12945.2.
(b) This section shall not be construed to require any changes in
existing collective bargaining agreements during the life of the
contract, or until January 1, 1993, whichever occurs first.

19702.5. (a) The board shall provide to the Fair Employment and
Housing Commission a copy of each affirmative action plan, and all
subsequent amendments of such plans, adopted by each state agency,
department, office or commission.
(b) The board shall annually, commencing January 1, 1975, submit
to the Fair Employment and Housing Commission a statistical survey of
the employment of each state agency, department, office or
commission. The survey shall include, but not be limited to: sex,
age, ethnic origin, current employment classification, salary,
full-time or other employment status, department and administrative
unit, and county of employment of employees.
(c) The board shall provide annual reports to the Legislature
concerning the number and types of formal discrimination complaints
and appeals against each appointing authority, including the length
of time required for resolution, and the complaint and appeal
outcome. At least once every three years the board shall conduct
hearings to assess the effectiveness, accessibility, and fairness of
the state discrimination complaint process. The outcome of these
hearings shall be reported to the Legislature within 90 days of the
hearing and shall include action plans for board resolution of
deficiencies and any legislative recommendations.
(d) These reports and information shall constitute public records.

19703. A recommendation, question, or inquiry under this part shall
not relate to the political or religious opinions or affiliations of
any person, and an appointment to, change in, or removal from any
position under this part or board rule shall not be in any manner
affected or influenced by such opinions or affiliations.

19704. (a) It is unlawful to require, permit, or suffer any
notation or entry to be made upon or in any application, examination
paper, or other paper, book, document, or record used under this part
indicating or in any way suggesting or pertaining to any basis
listed in subdivision (a) of Section 12940, as those bases are
defined in Sections 12926 and 12926.1.
(b) Notwithstanding subdivision (a), subsequent to employment,
ethnic, marital status, and gender data may be obtained and
maintained for research and statistical purposes when safeguards
preventing misuse of the information exist as approved by the Fair
Employment and Housing Commission, except that in no event shall any
notation, entry, or record of that data be made on papers or records
relating to the examination, appointment, or promotion of an
individual.

19705. Notwithstanding Section 19704, the State Personnel Board
may, after public hearing, adopt a system in which applicants for
employment in the state civil service shall be asked to provide,
voluntarily, ethnic data about themselves where such data is
determined by the board to be necessary to an assessment of the
ethnic and sex fairness of the selection process and to the planning
and monitoring of affirmative action efforts. The board shall provide
by rule for safeguards to insure that such data shall not be used in
a discriminatory manner in the selection process. Ethnic data may be
compiled for women and minorities. Ethnic data information gathered
pursuant to this section on an individual applicant shall not be
available to any interviewer or any officer or employee empowered to
make or influence the civil service appointment of such individual.
The board shall report annually to the Governor and the Legislature
on the results of the selection process as determined by data
gathered under this section.

19706. It is unlawful to require or permit any notation or entry to
be made upon or in any state civil service application form for
examination regarding the date of birth of an applicant, unless the
class for which the examination is being given has established
minimum or maximum age limitations as specified on the examination
announcement. In any event, it is unlawful to require or permit any
notation or entry to be made on a civil service application form for
examination with regard to date of completion of high school and
G.E.D. high school tests, and dates of completion of certificates of
professional or vocational competence, licenses, or membership in
professional associations. The state may use existing state civil
service application forms for examination prior to printing new forms
pursuant to this section, but such printing shall take place no
later than June 1, 1977. Subsequent to a bona fide offer of
employment of an applicant, the state may ask for information covered
under this section in order to verify such information.