1. (a) Tests of Physical Agility or Strength. A test of physical agility or strength shall not be used unless the test is administered pursuant to a permissible defense. No applicant or employee shall be refused the opportunity to demonstrate that they have the requisite strength or agility to perform the job in question.

2. (b) Height and Weight Standards.

   1. (1) Use of height or weight standards that discriminate against one sex or the other is unlawful unless pursuant to a permissible defense.
   2. (2) Use of separate height and/or separate weight standards for males and females is unlawful unless pursuant to a permissible defense.
3. (c) Hiring Applicants of Childbearing Age. It is unlawful to refuse to hire a female applicant because she is of childbearing age.
4. (d) Prior Work Experience. If an employer or other covered entity considers prior work experience in the selection or assignment of an employee, the employer or other covered entity shall also consider prior unpaid or volunteer work experience.
5. (e) Sex Stereotypes. Use of any criterion that is based exclusively or in part on a sex stereotype is unlawful unless pursuant to a permissible defense.
6. (f) It is unlawful for an employer or other covered entity to use an automated-decision system or selection criteria (including a qualification standard, employment test, or proxy) that discriminates against an applicant or employee or a class of applicants or employees on the basis of sex or any basis prohibited in subsections in (a) through (e) of this section, subject to any available defense. Relevant to any such claim or available defense 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.

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12940, 12943 and 12945, Government Code.

History

1. Change without regulatory effect renumbering former section 7291.0 to new section 11033 and amending section filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).

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