Cal. Code Regs. Tit. 2, § 11017 - Employee Selection
(a) Selection and Testing. Any policy or
practice of an employer or other covered entity that has an adverse impact on
employment opportunities of individuals on a basis enumerated in the Act is
unlawful unless the policy or practice is job-related and consistent with
business necessity (business necessity is defined in section
11010(b)). The
Council herein adopts the Uniform Guidelines on Employee Selection
Procedures promulgated by various federal agencies, including the EEOC
and Department of Labor. [ 29 C.F.R. part 1607 (1978)].
(b) Placement . Placements that are less
desirable in terms of location, hours or other working conditions are unlawful
where such assignments segregate, or otherwise discriminate against individuals
on a basis enumerated in the Act , unless otherwise made pursuant to a
permissible defense to employment discrimination. An assignment labeled or
otherwise deemed to be "protective" of a category of persons on a basis
enumerated in the Act is unlawful unless made pursuant to a permissible
defense. (See also section
11041 regarding permissible
transfers on account of pregnancy by employees not covered under Title VII of
the federal Civil Rights Act of 1964.)
(c) Promotion and Transfer . An employer or
other covered entity shall not restrict information on promotion and transfer
opportunities to certain employees or classes of employees when the restriction
has the effect of discriminating on a basis enumerated in the Act .
(1) Requests for Transfer or Promotion. An
employer or other covered entity who considers bids or other requests for
promotion or transfer shall do so in a manner that does not discriminate
against individuals on a basis enumerated in the Act , unless pursuant to a
permissible defense.
(2) Training.
Where training that may make an employee eligible for promotion and/or transfer
is made available, it shall be made available in a manner that does not
discriminate against individuals on a basis enumerated in the Act .
(3) No-Transfer Policies. Where an employment
practice has operated in the past to segregate employees on a basis enumerated
in the Act , a no-transfer policy or other practice that has the effect of
maintaining a continued segregated pattern is unlawful.
(d) Specific Practices.
(1) Criminal Records. See Section
11017.1.
(2) Height Standards. Height standards that
discriminate on a basis enumerated in the Act shall not be used by an employer
or other covered entity to deny an individual an employment benefit, unless
pursuant to a permissible defense.
(3) Weight Standards. Weight standards that
discriminate on a basis enumerated in the Act shall not be used by an employer
or other covered entity to deny an individual an employment benefit, unless
pursuant to a permissible defense.
(e) Permissible Selection Devices. A testing
device or other means of selection that is facially neutral, but that has an
adverse impact (as defined in the Uniform Guidelines on Employee
Selection Procedures ( 29 C.F.R. part 1607 (1978)) upon persons on a
basis enumerated in the Act , is permissible only upon a showing that the
selection practice is job-related and consistent with business necessity
(business necessity is defined in section
11010(b)).
Notes
2. Amendment of subsections (a) and (d)(1), repealer of subsections (d)(1)(A)-(C) and amendment of subsection (e) filed 3-27-2017; operative 7-1-2017 (Register 2017, No. 13).
3. Amendment of subsections (a) and (e) filed 7-24-2023; operative 10-1-2023 (Register 2023, No. 30).
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12940 and 12941, Government Code.
2. Amendment of subsections (a) and (d)(1), repealer of subsections (d)(1)(A)-(C) and amendment of subsection (e) filed 3-27-2017; operative
3. Amendment of subsections (a) and (e) filed 7-24-2023; operative
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) Selection and Testing. Any policy or practice of an employer or other covered entity that has an adverse impact on employment opportunities of individuals on a basis enumerated in the Act is unlawful unless the policy or practice is job-related and consistent with business necessity (business necessity is defined in section 11010(b) ). The Council herein adopts the Uniform Guidelines on Employee Selection Procedures promulgated by various federal agencies, including the EEOC and Department of Labor. [ 29 C.F.R. 1607 (1978)].
(b) Placement. Placements that are less desirable in terms of location, hours or other working conditions are unlawful where such assignments segregate, or otherwise discriminate against individuals on a basis enumerated in the Act, unless otherwise made pursuant to a permissible defense to employment discrimination. An assignment labeled or otherwise deemed to be "protective" of a category of persons on a basis enumerated in the Act is unlawful unless made pursuant to a permissible defense. (See also section 11041 regarding permissible transfers on account of pregnancy by employees not covered under Title VII of the federal Civil Rights Act of 1964.)
(c) Promotion and Transfer. An employer or other covered entity shall not restrict information on promotion and transfer opportunities to certain employees or classes of employees when the restriction has the effect of discriminating on a basis enumerated in the Act.
(1) Requests for Transfer or Promotion. An employer or other covered entity who considers bids or other requests for promotion or transfer shall do so in a manner that does not discriminate against individuals on a basis enumerated in the Act, unless pursuant to a permissible defense.
(2) Training. Where training that may make an employee eligible for promotion and/or transfer is made available, it shall be made available in a manner that does not discriminate against individuals on a basis enumerated in the Act.
(3) No-Transfer Policies. Where an employment practice has operated in the past to segregate employees on a basis enumerated in the Act, a no-transfer policy or other practice that has the effect of maintaining a continued segregated pattern is unlawful.
(d) Specific Practices.
(1) Criminal Records. See Section 11017.1.
(2) Height Standards. Height standards that discriminate on a basis enumerated in the Act shall not be used by an employer or other covered entity to deny an individual an employment benefit, unless pursuant to a permissible defense.
(3) Weight Standards. Weight standards that discriminate on a basis enumerated in the Act shall not be used by an employer or other covered entity to deny an individual an employment benefit, unless pursuant to a permissible defense.
(e) Permissible Selection Devices. A testing device or other means of selection that is facially neutral, but that has an adverse impact (as defined in the Uniform Guidelines on Employee Selection Procedures ( 29 C.F.R. 1607 (1978)) upon persons on a basis enumerated in the Act, is permissible only upon a showing that the selection practice is job-related and consistent with business necessity (business necessity is defined in section 11010(b) ).
Notes
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12940 and 12941, Government Code.
2. Amendment of subsections (a) and (d)(1), repealer of subsections (d)(1)(A)-(C) and amendment of subsection (e) filed 3-27-2017; operative