Authorities Flashcards
Title 7 of Civil Rights Act of 1964
CFEH Act
GC 12900 - 12996
Defines sexual harassment as a form of sex discrimination.
Applies to employers with 15 or more employees, including state and local government, employment agencies, labor organizations, and federal government.
12940 of FEHA and 19792(a) GC
It is an unlawful employment practice for employers to discriminate against any individual with respect to terms, conditions, or privileges of employment on the basis of sex.
12950.1(a) GC
An employer having 50 or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment prevention to all supervisory positions.
Each employer shall provide sexual harassment prevention training and education to each supervisory employee in California once every two years.
Title 7, section 703
It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of such individuals race, color, religion, sex, or national origin.
12940(a)
(Unlawful for employer to discriminate on a person based on their protected group)
It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or except where based upon applicable security regulations established by the US or California:
(a) for an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person, to refuse to hire or employ the person or to refuse to select the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions or privileges of employment.
19702(a) GC
(Unlawful to retaliate against a person for their participation in investigation proceedings or opposition in unlawful employment practices)
A person shall not be retaliated against because he or she has opposed any practice made an unlawful employment practice or made a charge, testifies, assisted, or participated in any manner in an investigation, proceeding or hearing under this part.
19572(m) GC
an employee may be disciplined for, among other reasons, “discourteous treatment of the public or other employees.” Likewise, an employee may be charged with “inexcusable neglect of duty” for failure to comply with Department policy on this matter.
422.55 PC
A criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: (a) Disability; (b) Gender; (c) Nationality; (d) Race or ethnicity; (e) Religion; (f) Sexual orientation; and/or, (g) Association with a person or group with one or more of these actual or perceived characteristics.
422.6 PC
No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55.
13519(e) PC
the practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion on the particular person being stopped.
13166 Executive Order
Requires federally-assisted programs be established for improving the accessibility of services and for providing language access to LEP persons.
Title 6 Civil Rights Act 1964
Requires that LEP persons not be excluded from participation in, denied the benefits of, or subjected to discrimination under the program or activity receiving federal financial assistance.
Dymally-Alatorre Bilingual Services (Act)
Requires all state departments to provide effective communication between all levels of government in the state, and the people who might otherwise be precluded from utilizing public services because of language barriers.
19401 GC
All departments and agencies of the State government shall establish an effective program of upward mobility for employees in low paying occupational groups…[and] departments and agencies shall…provide…career counseling, academic counseling, training opportunities, training and development assignments, on-the-job training and job restructuring, including the development of career ladders and lattices, and modifications of requirements where employment barriers exist
19402 GC
All upward mobility programs shall include annual goals that include the number of employees expected to progress from positions in low paying occupational groups to entry level technical, professional, and administrative positions…The State Personnel Board shall be responsible for approving each department’s annual upward mobility goals and timetables.”
547.83 CCOR
Each department shall appoint an upward mobility coordinator to coordinate, monitor, and report on the department’s upward mobility program efforts.”
547.84 CCOR
Each department shall develop and maintain an upward mobility plan…which shall include: a policy statement, a description of components, roles and responsibilities, criteria for selecting employees, and the number of employees in classifications in low paying occupations available for upward mobility.
547.85 CCOR
Departments shall select employees…using criteria…[that] shall include, but not be limited to, such factors as upward mobility objectives; staffing needs; available funds and other resources; employee status; employee performance in current position; employee motivation and potential for advancement; and the relevance of the training.”
547.86 CCOR
Each department shall annually establish upward mobility goals that reflect the number of expected appointments of employees in low paying classifications during the fiscal year…[and] departments shall submit [reports]…to the Board for review.
19401 GC
requires the Department to have an effective upward mobility program for employees in low-paying classifications. The program must be designed to foster the development of employees in classes within low-paying classifications so they may effectively compete for advancement to entry level technical, professional, and administrative positions.
19790 GC
Each state agency is responsible for an effective equal employment opportunity program. The department shall be responsible for statewide advocacy, coordination, enforcement, and monitoring of these programs.
19232 GC
each state agency shall develop goals and timetables annually for persons with disabilities if the agency’s representation of persons with disabilities is less than 80 percent of the disability parity or 13.3 percent.
19234 GC
each state agency shall annually review its hiring activities designed to achieve the employment objectives to determine if any category of individuals with a disability have been disproportionately excluded on a non-job-related basis from employment.
19797 GC
each state agency shall develop and update annually a plan which shall at a minimum, identify areas of significant underutilization of specific groups based on race, ethnicity, and gender, within each agency by job classifications, and include an explanation and specific actions for removing any non-job-related employment barriers.
California Constitution, Article 1, Section 31
known as “Proposition 209,” prohibits employment discrimination and granting of preferences based on race, ethnicity, and gender in public education, employment, and contracting.
Executive Order (Order) S-6-04
requires state agencies to provide EEO to all individuals in all its activities, including the recruitment and hiring of qualified individuals, in order to serve an equally diverse public. Additionally, this Order requires state agencies to conduct an annual workforce analysis and provide a report to the Department of Human Resources (CalHR) for approval by June 1st of every year.
17575 GC
The employee shall be allowed to use either the grievance procedure or discrimination complaint procedure. The employee shall not use both procedures for the same complaint
FEHA and California Code of Regulations, Title 2
prohibit harassment of employees, applicants, unpaid interns, volunteers, and persons providing services pursuant to a contract by any persons and require employers to take all reasonable steps to prevent harassment.
This includes a prohibition against sexual harassment, gender harassment, harassment based on pregnancy, childbirth, breastfeeding and/or related medical conditions, as well as harassment based on all other protected groups.
HARRASSMENT
pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group. Harassment reaches the level of illegality when the conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to be considered hostile, intimidating, or abusive; as measured by the reasonable person standard.
19575 GC
an employee’s allegations of discrimination in AAs must be submitted to SPB not later than 30 calendar days after service of the Notice of AA.
