Prohibited California State Agency Discrimination

Article 9.5 of Chapter 1 of Part 1 of Division 3 of Title 2 of the California Government Code concerns discrimination. Government Code Section 11135 prohibits any person in the State of California from being unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state, on the basis of: sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation.

In addition, with respect to discrimination on the basis of disability, programs and activities of the state must meet the protections and prohibitions contained in Section 202 of the federal Americans with Disabilities Act of 1990. The protected bases used in this section include a perception that a person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.

Government Code Section 11136 provides that, whenever a state agency that administers a program or activity that is funded directly by the state or receives any financial assistance from the state has reasonable cause to believe that a contractor, grantee, or local agency has violated discrimination laws, the head of the state agency, or that person’s designee, is required to notify the contractor, grantee, or local agency of the violation and submit a complaint detailing the alleged violations to the Civil Rights Department for investigation and determination.

Government Code Section 11137 provides that, if it is determined that a contractor, grantee, or local agency has violated the provisions of this article, the state agency that administers the program or activity involved is required to take action to curtail state funding in whole or in part to such contractor, grantee, or local agency. Section 11139 provides that the prohibitions and sanctions imposed by this article are in addition to any other prohibitions and sanctions imposed by law.

Government Code Section 11139.8 provides six legislative findings and declarations, including that California is a leader in protecting civil rights and preventing discrimination, and that it is the policy of the State of California to promote fairness and equality and to combat discrimination.

In addition, a state agency, department, board, authority, or commission, including an agency, department, board, authority, or commission of the University of California, the Board of Regents of the University of California, or the California State University, and the Legislature are prohibited from:

• Requiring any of its employees, officers, or members to travel to a state that has enacted a law that voids or repeals, or has the effect of voiding or repealing, existing state or local protections against discrimination on the basis of sexual orientation, gender identity, or gender expression or has enacted a law that authorizes or requires discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression, including any law that creates an exemption to antidiscrimination laws in order to permit discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression.

• Approving a request for state-funded or state-sponsored travel to a state that has enacted a law that voids or repeals, or has the effect of voiding or repealing, existing state or local protections against discrimination on the basis of sexual orientation, gender identity, or gender expression, or has enacted a law that authorizes or requires discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression, including any law that creates an exemption to antidiscrimination laws in order to permit discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression.

Nonetheless, the above prohibitions do not apply to travel that is required for: Enforcement of California law, including auditing and revenue collection; litigation; to meet specified contractual obligations; to comply with requests by the federal government to appear before committees; to participate in meetings or training required by a grant or required to maintain grant funding; to complete job-required training necessary to maintain licensure or similar standards required for holding a position; or, for the protection of public health, welfare, or safety, as determined by the affected agency, department, board, authority, or commission, or by the affected legislative office.

In addition, the Attorney General is required to develop, maintain, and post on its Internet Web site a current list of states that have enacted a law that voids or repeals, or has the effect of voiding or repealing, an existing state or local protection against discrimination on the basis of sexual orientation, gender identity, or gender expression, or have enacted a law that authorizes or requires discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression, including any law that creates an exemption to antidiscrimination laws in order to permit discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression.