Amended in Senate March 31, 2016

Amended in Assembly January 4, 2016

Amended in Assembly April 14, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 488


Introduced by Assembly Member Gonzalez

February 23, 2015


An act to amendbegin delete Sectionend deletebegin insert Sectionsend insert 12926begin insert and 12940end insert of the Government Code, relating to employment discrimination.

LEGISLATIVE COUNSEL’S DIGEST

AB 488, as amended, Gonzalez. Employment discrimination.

Existingbegin delete law protectsend deletebegin insert law, the California Fair Employment and Housing Act, protectsend insert the right to seek, obtain, and hold employment without discrimination because of race, religious creed, physical disability, mental disability, sex, age, and sexual orientation, among other characteristics.begin delete Existing lawend deletebegin insert The actend insert prohibits various forms of employment discrimination, including discharging or refusing to hire or to select for training programs on a prohibited basis.begin delete Existing law specifiesend deletebegin insert The act prescribesend insert requirements for filing complaints of employment discrimination with the Department of Fair Employment and Housing andbegin delete chargesend deletebegin insert chargesend insert this department with investigating and determining whether or not to bring a civil action on behalf of the complainant, among other duties.begin delete Existing lawend deletebegin insert The act exempts employers from remedies for specified unlawful employment practices, including when the discrimination is on the basis of physical or mental disability and the disability prevents the employee from safely performing essential duties even with reasonable accommodations. The actend insert definesbegin delete employeeend deletebegin insert “employee”end insert for these purposes and excludes from the definition any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. A special license permits the employment of individuals with disabilities at a wage less than the legal minimum wage.

This bill would redefinebegin delete employeeend deletebegin insert “employee”end insert tobegin delete remove the exemption forend deletebegin insert includeend insert an individualbegin delete employedend deletebegin insert paidend insert under a special license in a nonprofit shelteredbegin delete workshop orend deletebegin insert workshop,end insert rehabilitation facility,begin insert or day program,end insert thereby applying employment discrimination protections to these people.begin insert This bill would exempt an employer who obtains a special license, or hires or employs a qualified individual at a wage less than the minimum wage in conformity with a special license, from the act’s provisions prohibiting discrimination based on disability.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 12926 of the Government Code is
2amended to read:

3

12926.  

As used in this part in connection with unlawful
4practices, unless a different meaning clearly appears from the
5context:

6(a) “Affirmative relief” or “prospective relief” includes the
7authority to order reinstatement of an employee, awards of backpay,
8reimbursement of out-of-pocket expenses, hiring, transfers,
9reassignments, grants of tenure, promotions, cease and desist
10orders, posting of notices, training of personnel, testing, expunging
11of records, reporting of records, and any other similar relief that
12is intended to correct unlawful practices under this part.

13(b) “Age” refers to the chronological age of any individual who
14has reached his or her 40th birthday.

15(c) “Employee”begin insert includes an individual paid under a special
16license in a sheltered workshop, rehabilitation facility, or day
17program butend insert
does not include any individual employed by his or
18her parents, spouse, or child.

19(d) “Employer” includes any person regularly employing five
20or more persons, or any person acting as an agent of an employer,
P3    1directly or indirectly, the state or any political or civil subdivision
2of the state, and cities, except as follows:

3“Employer” does not include a religious association or
4corporation not organized for private profit.

5(e) “Employment agency” includes any person undertaking for
6compensation to procure employees or opportunities to work.

7(f) “Essential functions” means the fundamental job duties of
8the employment position the individual with a disability holds or
9desires. “Essential functions” does not include the marginal
10functions of the position.

11(1) A job function may be considered essential for any of several
12reasons, including, but not limited to, any one or more of the
13following:

14(A) The function may be essential because the reason the
15position exists is to perform that function.

16(B) The function may be essential because of the limited number
17of employees available among whom the performance of that job
18function can be distributed.

19(C) The function may be highly specialized, so that the
20incumbent in the position is hired for his or her expertise or ability
21to perform the particular function.

22(2) Evidence of whether a particular function is essential
23includes, but is not limited to, the following:

24(A) The employer’s judgment as to which functions are essential.

25(B) Written job descriptions prepared before advertising or
26interviewing applicants for the job.

27(C) The amount of time spent on the job performing the function.

28(D) The consequences of not requiring the incumbent to perform
29the function.

30(E) The terms of a collective bargaining agreement.

31(F) The work experiences of past incumbents in the job.

32(G) The current work experience of incumbents in similar jobs.

33(g) (1) “Genetic information” means, with respect to any
34individual, information about any of the following:

35(A) The individual’s genetic tests.

36(B) The genetic tests of family members of the individual.

37(C) The manifestation of a disease or disorder in family members
38of the individual.

39(2) “Genetic information” includes any request for, or receipt
40of, genetic services, or participation in clinical research that
P4    1 includes genetic services, by an individual or any family member
2of the individual.

3(3) “Genetic information” does not include information about
4the sex or age of any individual.

5(h) “Labor organization” includes any organization that exists
6and is constituted for the purpose, in whole or in part, of collective
7bargaining or of dealing with employers concerning grievances,
8terms or conditions of employment, or of other mutual aid or
9protection.

10(i) “Medical condition” means either of the following:

11(1) Any health impairment related to or associated with a
12diagnosis of cancer or a record or history of cancer.

13(2) Genetic characteristics. For purposes of this section, “genetic
14 characteristics” means either of the following:

15(A) Any scientifically or medically identifiable gene or
16chromosome, or combination or alteration thereof, that is known
17to be a cause of a disease or disorder in a person or his or her
18offspring, or that is determined to be associated with a statistically
19increased risk of development of a disease or disorder, and that is
20presently not associated with any symptoms of any disease or
21disorder.

22(B) Inherited characteristics that may derive from the individual
23or family member, that are known to be a cause of a disease or
24disorder in a person or his or her offspring, or that are determined
25to be associated with a statistically increased risk of development
26of a disease or disorder, and that are presently not associated with
27any symptoms of any disease or disorder.

28(j) “Mental disability” includes, but is not limited to, all of the
29following:

30(1) Having any mental or psychological disorder or condition,
31such as intellectual disability, organic brain syndrome, emotional
32or mental illness, or specific learning disabilities, that limits a
33major life activity. For purposes of this section:

34(A) “Limits” shall be determined without regard to mitigating
35measures, such as medications, assistive devices, or reasonable
36accommodations, unless the mitigating measure itself limits a
37major life activity.

38(B) A mental or psychological disorder or condition limits a
39major life activity if it makes the achievement of the major life
40activity difficult.

P5    1(C) “Major life activities” shall be broadly construed and shall
2 include physical, mental, and social activities and working.

3(2) Any other mental or psychological disorder or condition not
4described in paragraph (1) that requires special education or related
5services.

6(3) Having a record or history of a mental or psychological
7disorder or condition described in paragraph (1) or (2), which is
8known to the employer or other entity covered by this part.

9(4) Being regarded or treated by the employer or other entity
10covered by this part as having, or having had, any mental condition
11that makes achievement of a major life activity difficult.

12(5) Being regarded or treated by the employer or other entity
13covered by this part as having, or having had, a mental or
14psychological disorder or condition that has no present disabling
15effect, but that may become a mental disability as described in
16paragraph (1) or (2).

17“Mental disability” does not include sexual behavior disorders,
18compulsive gambling, kleptomania, pyromania, or psychoactive
19substance use disorders resulting from the current unlawful use of
20controlled substances or other drugs.

21(k) “Military and veteran status” means a member or veteran
22of the United States Armed Forces, United States Armed Forces
23Reserve, the United States National Guard, and the California
24National Guard.

25(l) “On the bases enumerated in this part” means or refers to
26discrimination on the basis of one or more of the following: race,
27religious creed, color, national origin, ancestry, physical disability,
28mental disability, medical condition, genetic information, marital
29status, sex, age, sexual orientation, or military and veteran status.

30(m) “Physical disability” includes, but is not limited to, all of
31the following:

32(1) Having any physiological disease, disorder, condition,
33cosmetic disfigurement, or anatomical loss that does both of the
34following:

35(A) Affects one or more of the following body systems:
36neurological, immunological, musculoskeletal, special sense
37organs, respiratory, including speech organs, cardiovascular,
38reproductive, digestive, genitourinary, hemic and lymphatic, skin,
39and endocrine.

40(B) Limits a major life activity. For purposes of this section:

P6    1(i) “Limits” shall be determined without regard to mitigating
2measures such as medications, assistive devices, prosthetics, or
3reasonable accommodations, unless the mitigating measure itself
4limits a major life activity.

5(ii) A physiological disease, disorder, condition, cosmetic
6disfigurement, or anatomical loss limits a major life activity if it
7makes the achievement of the major life activity difficult.

8(iii) “Major life activities” shall be broadly construed and
9includes physical, mental, and social activities and working.

10(2) Any other health impairment not described in paragraph (1)
11that requires special education or related services.

12(3) Having a record or history of a disease, disorder, condition,
13cosmetic disfigurement, anatomical loss, or health impairment
14described in paragraph (1) or (2), which is known to the employer
15or other entity covered by this part.

16(4) Being regarded or treated by the employer or other entity
17covered by this part as having, or having had, any physical
18condition that makes achievement of a major life activity difficult.

19(5) Being regarded or treated by the employer or other entity
20covered by this part as having, or having had, a disease, disorder,
21condition, cosmetic disfigurement, anatomical loss, or health
22impairment that has no present disabling effect but may become
23a physical disability as described in paragraph (1) or (2).

24(6) “Physical disability” does not include sexual behavior
25disorders, compulsive gambling, kleptomania, pyromania, or
26psychoactive substance use disorders resulting from the current
27unlawful use of controlled substances or other drugs.

28(n) Notwithstanding subdivisions (j) and (m), if the definition
29of “disability” used in the federal Americans with Disabilities Act
30of 1990 (Public Law 101-336) would result in broader protection
31of the civil rights of individuals with a mental disability or physical
32disability, as defined in subdivision (j) or (m), or would include
33any medical condition not included within those definitions, then
34that broader protection or coverage shall be deemed incorporated
35by reference into, and shall prevail over conflicting provisions of,
36the definitions in subdivisions (j) and (m).

37(o) “Race, religious creed, color, national origin, ancestry,
38physical disability, mental disability, medical condition, genetic
39information, marital status, sex, age, sexual orientation, or military
40and veteran status” includes a perception that the person has any
P7    1of those characteristics or that the person is associated with a
2person who has, or is perceived to have, any of those
3 characteristics.

4(p) “Reasonable accommodation” may include either of the
5following:

6(1) Making existing facilities used by employees readily
7accessible to, and usable by, individuals with disabilities.

8(2) Job restructuring, part-time or modified work schedules,
9reassignment to a vacant position, acquisition or modification of
10equipment or devices, adjustment or modifications of examinations,
11trainingbegin delete materialsend deletebegin insert materials,end insert or policies, the provision of qualified
12readers or interpreters, and other similar accommodations for
13individuals with disabilities.

14(q) “Religious creed,” “religion,” “religious observance,”
15“religious belief,” and “creed” include all aspects of religious
16belief, observance, and practice, including religious dress and
17grooming practices. “Religious dress practice” shall be construed
18broadly to include the wearing or carrying of religious clothing,
19head or face coverings, jewelry, artifacts, and any other item that
20is part of the observance by an individual of his or her religious
21creed. “Religious grooming practice” shall be construed broadly
22to include all forms of head, facial, and body hair that are part of
23the observance by an individual of his or her religious creed.

24(r) (1) “Sex” includes, but is not limited to, the following:

25(A) Pregnancy or medical conditions related to pregnancy.

26(B) Childbirth or medical conditions related to childbirth.

27(C) Breastfeeding or medical conditions related to breastfeeding.

28(2) “Sex” also includes, but is not limited to, a person’s gender.
29“Gender” means sex, and includes a person’s gender identity and
30gender expression. “Gender expression” means a person’s
31gender-related appearance and behavior whether or not
32stereotypically associated with the person’s assigned sex at birth.

33(s) “Sexual orientation” means heterosexuality, homosexuality,
34and bisexuality.

35(t) “Supervisor” means any individual having the authority, in
36the interest of the employer, to hire, transfer, suspend, lay off,
37recall, promote, discharge, assign, reward, or discipline other
38employees, or the responsibility to direct them, or to adjust their
39grievances, or effectively to recommend that action, if, in
40connection with the foregoing, the exercise of that authority is not
P8    1of a merely routine or clerical nature, but requires the use of
2independent judgment.

3(u) “Undue hardship” means an action requiring significant
4difficulty or expense, when considered in light of the following
5factors:

6(1) The nature and cost of the accommodation needed.

7(2) The overall financial resources of the facilities involved in
8the provision of the reasonable accommodations, the number of
9persons employed at the facility, and the effect on expenses and
10resources or the impact otherwise of these accommodations upon
11the operation of the facility.

12(3) The overall financial resources of the covered entity, the
13overall size of the business of a covered entity with respect to the
14number of employees, and the number, type, and location of its
15facilities.

16(4) The type of operations, including the composition, structure,
17and functions of the workforce of the entity.

18(5) The geographic separateness or administrative or fiscal
19relationship of the facility or facilities.

20(v) “National origin” discrimination includes, but is not limited
21to, discrimination on the basis of possessing a driver’s license
22granted under Section 12801.9 of the Vehicle Code.

23begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 12940 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
24read:end insert

25

12940.  

It is an unlawful employment practice, unless based
26upon a bona fide occupational qualification, or, except where based
27upon applicable security regulations established by the United
28States or the State of California:

29(a) For an employer, because of the race, religious creed, color,
30national origin, ancestry, physical disability, mental disability,
31medical condition, genetic information, marital status, sex, gender,
32gender identity, gender expression, age, sexual orientation, or
33military and veteran status of any person, to refuse to hire or
34employ the person or to refuse to select the person for a training
35program leading to employment, or to bar or to discharge the
36person from employment or from a training program leading to
37employment, or to discriminate against the person in compensation
38or in terms, conditions, or privileges of employment.

39(1) This part does not prohibit an employer from refusing to
40hire or discharging an employee with a physical or mental
P9    1disability, or subject an employer to any legal liability resulting
2from the refusal to employ or the discharge of an employee with
3a physical or mental disability, where the employee, because of
4his or her physical or mental disability, is unable to perform his
5or her essential duties even with reasonable accommodations, or
6cannot perform those duties in a manner that would not endanger
7his or her health or safety or the health or safety of others even
8with reasonable accommodations.

begin insert

9
(2) Nothing in this part relating to discrimination on account
10of disability shall subject an employer to legal liability for
11 obtaining a license pursuant to Section 1191.5 of the Labor Code
12or paying an individual with a physical or mental disability less
13than minimum wage pursuant to either Section 1191 or Section
141191.5 of the Labor Code.

end insert
begin delete

15(2)

end delete

16begin insert(3)end insert This part does not prohibit an employer from refusing to
17hire or discharging an employee who, because of the employee’s
18medical condition, is unable to perform his or her essential duties
19even with reasonable accommodations, or cannot perform those
20duties in a manner that would not endanger the employee’s health
21or safety or the health or safety of others even with reasonable
22accommodations. Nothing in this part shall subject an employer
23to any legal liability resulting from the refusal to employ or the
24discharge of an employee who, because of the employee’s medical
25condition, is unable to perform his or her essential duties, or cannot
26perform those duties in a manner that would not endanger the
27employee’s health or safety or the health or safety of others even
28with reasonable accommodations.

begin delete

29(3)

end delete

30begin insert(4)end insert Nothing in this part relating to discrimination on account of
31marital status shall do either of the following:

32(A) Affect the right of an employer to reasonably regulate, for
33reasons of supervision, safety, security, or morale, the working of
34spouses in the same department, division, or facility, consistent
35with the rules and regulations adopted by the commission.

36(B) Prohibit bona fide health plans from providing additional
37or greater benefits to employees with dependents than to those
38employees without or with fewer dependents.

begin delete

39(4)

end delete

P10   1begin insert(5)end insert Nothing in this part relating to discrimination on account of
2sex shall affect the right of an employer to use veteran status as a
3factor in employee selection or to give special consideration to
4Vietnam-era veterans.

begin delete

5(5)

end delete

6begin insert(6)end insert (A) This part does not prohibit an employer from refusing
7to employ an individual because of his or her age if the law
8compels or provides for that refusal. Promotions within the existing
9staff, hiring or promotion on the basis of experience and training,
10rehiring on the basis of seniority and prior service with the
11employer, or hiring under an established recruiting program from
12high schools, colleges, universities, or trade schools do not, in and
13of themselves, constitute unlawful employment practices.

14(B) The provisions of this part relating to discrimination on the
15basis of age do not prohibit an employer from providing health
16benefits or health care reimbursement plans to retired persons that
17are altered, reduced, or eliminated when the person becomes
18eligible for Medicare health benefits. This subparagraph applies
19to all retiree health benefit plans and contractual provisions or
20practices concerning retiree health benefits and health care
21reimbursement plans in effect on or after January 1, 2011.

22(b) For a labor organization, because of the race, religious creed,
23color, national origin, ancestry, physical disability, mental
24disability, medical condition, genetic information, marital status,
25sex, gender, gender identity, gender expression, age, sexual
26orientation, or military and veteran status of any person, to exclude,
27expel, or restrict from its membership the person, or to provide
28only second-class or segregated membership or to discriminate
29against any person because of the race, religious creed, color,
30national origin, ancestry, physical disability, mental disability,
31medical condition, genetic information, marital status, sex, gender,
32gender identity, gender expression, age, sexual orientation, or
33military and veteran status of the person in the election of officers
34of the labor organization or in the selection of the labor
35organization’s staff or to discriminate in any way against any of
36its members or against any employer or against any person
37employed by an employer.

38(c) For any person to discriminate against any person in the
39selection, termination, training, or other terms or treatment of that
40person in any apprenticeship training program, any other training
P11   1program leading to employment, an unpaid internship, or another
2limited duration program to provide unpaid work experience for
3that person because of the race, religious creed, color, national
4origin, ancestry, physical disability, mental disability, medical
5condition, genetic information, marital status, sex, gender, gender
6identity, gender expression, age, sexual orientation, or military
7and veteran status of the person discriminated against.

8(d) For any employer or employment agency to print or circulate
9or cause to be printed or circulated any publication, or to make
10any nonjob-related inquiry of an employee or applicant, either
11verbal or through use of an application form, that expresses,
12directly or indirectly, any limitation, specification, or discrimination
13as to race, religious creed, color, national origin, ancestry, physical
14disability, mental disability, medical condition, genetic information,
15marital status, sex, gender, gender identity, gender expression,
16age, sexual orientation, or military and veteran status, or any intent
17to make any such limitation, specification, or discrimination. This
18part does not prohibit an employer or employment agency from
19inquiring into the age of an applicant, or from specifying age
20limitations, where the law compels or provides for that action.

21(e) (1) Except as provided in paragraph (2) or (3), for any
22employer or employment agency to require any medical or
23psychological examination of an applicant, to make any medical
24or psychological inquiry of an applicant, to make any inquiry
25whether an applicant has a mental disability or physical disability
26or medical condition, or to make any inquiry regarding the nature
27or severity of a physical disability, mental disability, or medical
28condition.

29(2) Notwithstanding paragraph (1), an employer or employment
30agency may inquire into the ability of an applicant to perform
31job-related functions and may respond to an applicant’s request
32for reasonable accommodation.

33(3) Notwithstanding paragraph (1), an employer or employment
34agency may require a medical or psychological examination or
35make a medical or psychological inquiry of a job applicant after
36an employment offer has been made but prior to the
37commencement of employment duties, provided that the
38examination or inquiry is job related and consistent with business
39necessity and that all entering employees in the same job
40classification are subject to the same examination or inquiry.

P12   1(f) (1) Except as provided in paragraph (2), for any employer
2or employment agency to require any medical or psychological
3examination of an employee, to make any medical or psychological
4inquiry of an employee, to make any inquiry whether an employee
5has a mental disability, physical disability, or medical condition,
6or to make any inquiry regarding the nature or severity of a physical
7disability, mental disability, or medical condition.

8(2) Notwithstanding paragraph (1), an employer or employment
9agency may require any examinations or inquiries that it can show
10to be job related and consistent with business necessity. An
11employer or employment agency may conduct voluntary medical
12examinations, including voluntary medical histories, which are
13part of an employee health program available to employees at that
14worksite.

15(g) For any employer, labor organization, or employment agency
16to harass, discharge, expel, or otherwise discriminate against any
17person because the person has made a report pursuant to Section
1811161.8 of the Penal Code that prohibits retaliation against hospital
19employees who report suspected patient abuse by health facilities
20or community care facilities.

21(h) For any employer, labor organization, employment agency,
22or person to discharge, expel, or otherwise discriminate against
23any person because the person has opposed any practices forbidden
24under this part or because the person has filed a complaint, testified,
25or assisted in any proceeding under this part.

26(i) For any person to aid, abet, incite, compel, or coerce the
27doing of any of the acts forbidden under this part, or to attempt to
28do so.

29(j) (1) For an employer, labor organization, employment agency,
30apprenticeship training program or any training program leading
31to employment, or any other person, because of race, religious
32creed, color, national origin, ancestry, physical disability, mental
33disability, medical condition, genetic information, marital status,
34sex, gender, gender identity, gender expression, age, sexual
35orientation, or military and veteran status, to harass an employee,
36an applicant, an unpaid intern or volunteer, or a person providing
37services pursuant to a contract. Harassment of an employee, an
38applicant, an unpaid intern or volunteer, or a person providing
39services pursuant to a contract by an employee, other than an agent
40or supervisor, shall be unlawful if the entity, or its agents or
P13   1supervisors, knows or should have known of this conduct and fails
2to take immediate and appropriate corrective action. An employer
3may also be responsible for the acts of nonemployees, with respect
4to sexual harassment of employees, applicants, unpaid interns or
5volunteers, or persons providing services pursuant to a contract in
6the workplace, where the employer, or its agents or supervisors,
7knows or should have known of the conduct and fails to take
8immediate and appropriate corrective action. In reviewing cases
9involving the acts of nonemployees, the extent of the employer’s
10control and any other legal responsibility that the employer may
11have with respect to the conduct of those nonemployees shall be
12considered. An entity shall take all reasonable steps to prevent
13harassment from occurring. Loss of tangible job benefits shall not
14be necessary in order to establish harassment.

15(2) The provisions of this subdivision are declaratory of existing
16law, except for the new duties imposed on employers with regard
17to harassment.

18(3) An employee of an entity subject to this subdivision is
19personally liable for any harassment prohibited by this section that
20is perpetrated by the employee, regardless of whether the employer
21or covered entity knows or should have known of the conduct and
22fails to take immediate and appropriate corrective action.

23(4) (A) For purposes of this subdivision only, “employer” means
24any person regularly employing one or more persons or regularly
25receiving the services of one or more persons providing services
26pursuant to a contract, or any person acting as an agent of an
27employer, directly or indirectly, the state, or any political or civil
28subdivision of the state, and cities. The definition of “employer”
29 in subdivision (d) of Section 12926 applies to all provisions of this
30section other than this subdivision.

31(B) Notwithstanding subparagraph (A), for purposes of this
32subdivision, “employer” does not include a religious association
33or corporation not organized for private profit, except as provided
34in Section 12926.2.

35(C) For purposes of this subdivision, “harassment” because of
36sex includes sexual harassment, gender harassment, and harassment
37based on pregnancy, childbirth, or related medical conditions.
38Sexually harassing conduct need not be motivated by sexual desire.

P14   1(5) For purposes of this subdivision, “a person providing services
2pursuant to a contract” means a person who meets all of the
3following criteria:

4(A) The person has the right to control the performance of the
5contract for services and discretion as to the manner of
6performance.

7(B) The person is customarily engaged in an independently
8established business.

9(C) The person has control over the time and place the work is
10performed, supplies the tools and instruments used in the work,
11and performs work that requires a particular skill not ordinarily
12used in the course of the employer’s work.

13(k) For an employer, labor organization, employment agency,
14apprenticeship training program, or any training program leading
15to employment, to fail to take all reasonable steps necessary to
16prevent discrimination and harassment from occurring.

17(l) (1) For an employer or other entity covered by this part to
18refuse to hire or employ a person or to refuse to select a person
19for a training program leading to employment or to bar or to
20discharge a person from employment or from a training program
21leading to employment, or to discriminate against a person in
22compensation or in terms, conditions, or privileges of employment
23because of a conflict between the person’s religious belief or
24observance and any employment requirement, unless the employer
25or other entity covered by this part demonstrates that it has explored
26any available reasonable alternative means of accommodating the
27religious belief or observance, including the possibilities of
28excusing the person from those duties that conflict with his or her
29religious belief or observance or permitting those duties to be
30performed at another time or by another person, but is unable to
31reasonably accommodate the religious belief or observance without
32undue hardship, as defined in subdivision (u) of Section 12926,
33on the conduct of the business of the employer or other entity
34covered by this part. Religious belief or observance, as used in
35this section, includes, but is not limited to, observance of a Sabbath
36or other religious holy day or days, reasonable time necessary for
37travel prior and subsequent to a religious observance, and religious
38dress practice and religious grooming practice as described in
39subdivision (q) of Section 12926. This subdivision shall also apply
40to an apprenticeship training program, an unpaid internship, and
P15   1any other program to provide unpaid experience for a person in
2the workplace or industry.

3(2) An accommodation of an individual’s religious dress practice
4or religious grooming practice is not reasonable if the
5accommodation requires segregation of the individual from other
6employees or the public.

7(3) An accommodation is not required under this subdivision
8if it would result in a violation of this part or any other law
9prohibiting discrimination or protecting civil rights, including
10subdivision (b) of Section 51 of the Civil Code and Section 11135
11of this code.

12(4) For an employer or other entity covered by this part to, in
13addition to the employee protections provided pursuant to
14subdivision (h), retaliate or otherwise discriminate against a person
15for requesting accommodation under this subdivision, regardless
16of whether the request was granted.

17(m) (1) For an employer or other entity covered by this part to
18fail to make reasonable accommodation for the known physical
19or mental disability of an applicant or employee. Nothing in this
20subdivision or in paragraph (1) or (2) of subdivision (a) shall be
21construed to require an accommodation that is demonstrated by
22the employer or other covered entity to produce undue hardship,
23as defined in subdivision (u) of Section 12926, to its operation.

24(2) For an employer or other entity covered by this part to, in
25addition to the employee protections provided pursuant to
26subdivision (h), retaliate or otherwise discriminate against a person
27for requesting accommodation under this subdivision, regardless
28of whether the request was granted.

29(n) For an employer or other entity covered by this part to fail
30to engage in a timely, good faith, interactive process with the
31employee or applicant to determine effective reasonable
32accommodations, if any, in response to a request for reasonable
33accommodation by an employee or applicant with a known physical
34or mental disability or known medical condition.

35(o) For an employer or other entity covered by this part, to
36subject, directly or indirectly, any employee, applicant, or other
37person to a test for the presence of a genetic characteristic.

38(p) Nothing in this section shall be interpreted as preventing the
39ability of employers to identify members of the military or veterans
P16   1for purposes of awarding a veteran’s preference as permitted by
2law.



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