1. (a) Prohibited Practices.

   1. (1) It is unlawful to assist any person or individual in doing any act known to constitute unlawful employment discrimination.
   2. (2) It is unlawful to incite, solicit, or encourage any person or individual to violate the Act, whether or not the Act is in fact violated.
   3. (3) It is unlawful to coerce any person or individual to commit unlawful employment discrimination with offers of cash, other consideration, or an employment benefit, or to impose or threaten to impose any penalty, including denial of an employment benefit.
   4. (4) It is unlawful to conceal or destroy evidence relevant to investigations initiated by the Department or its staff.
   5. (5) It is unlawful to advertise for employment on a basis prohibited in the Act.

2. (b) The prohibited practices set forth in subsection (a) include any such practice conducted in whole or in part through the use of an automated-decision system.

   1. (i) Relevant to a claim of employment discrimination or an available defense of that claim is evidence, or the lack of evidence, of anti-bias testing or similar proactive efforts to avoid unlawful discrimination, including the quality, efficacy, recency, and scope of such effort, the results of such testing or other effort, and the response to the results.

3. (c) Permissible Practices.

   1. (1) It shall not be unlawful, without more, to have been present during the commission of acts amounting to unlawful discrimination or to fail to prevent or report such acts, unless it is the normal business duty of the person or individual to prevent or report such acts.
   2. (2) It shall not be unlawful to maintain good faith lawful defenses or privileges to charges of discrimination.

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12940, 12941 and 12942, Government Code.

History

1. Change without regulatory effect renumbering former section 7287.7 to new section 11020 and amending section and Note filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).

2. Amendment of subsection (a)(2), new subsections (b)-(b)(i) and subsection relettering filed 6-27-2025; operative 10-1-2025 (Register 2025, No. 26).