1. 1. Contractor and its subcontractors shall comply with the employment and state contractor provisions of the Fair Employment and Housing Act (Gov. Code, §§ 12900 et seq.) and applicable regulations (Cal. Code Regs., tit. 2, § 11000 et seq.), which are incorporated into and part of this contract.
2. 2. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against or harass any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision-making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Contractor and its subcontractor shall implement a non-discrimination program that complies with Government Code section 12990, take all reasonable steps necessary to prevent discrimination and harassment from occurring, take immediate and appropriate action to correct known harassment, train employees on sexual harassment prevention, comply with family and medical leave requirements, provide reasonable accommodations for disabilities, comply with applicable limitations on consideration of an applicant's criminal history, and not retaliate against employees asserting their rights, as required by law.
3. 3. Upon reasonable notice of at least 24 hours, contractor and its subcontractors shall permit representatives of the Civil Rights Department and the awarding state agency to access, at any time during normal business hours, its books, records, accounts, and all other sources of information and its facilities as the Department or Agency shall require to ascertain compliance with this clause.
4. 4. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

5. 5. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

   Clause (b)

6. 1. Contractor and its subcontractors shall comply with the employment and state contractor provisions of the Fair Employment and Housing Act (Gov. Code, §§ 12900 et seq.), and applicable regulations (Cal. Code Regs., tit. 2, § 11000 et seq.), which are incorporated into and part of this contract. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against or harass any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision-making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor and its subcontractors shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination and harassment. Contractor and its subcontractors shall implement a non-discrimination program that complies with Government Code section 12990, take all reasonable steps necessary to prevent discrimination and harassment from occurring, take immediate and appropriate action to correct known harassment, train employees on sexual harassment prevention, comply with family and medical leave requirements, provide reasonable accommodations for disabilities, comply with limitations on consideration of an applicant's criminal history, and not retaliate against employees asserting their rights, as required by law..
7. 2. Recipient (as defined by Cal. Code Regs., tit. 2, § 14020(pp)), contractor, and its subcontractors shall also comply with Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 et seq.) and applicable regulations. (Cal. Code Regs., tit. 2, § 14000 et seq.). During the performance of this contract, recipient, contractor, and its subcontractors shall not deny the contract's benefits or discriminate against any person on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, disability (including mental disability and/or physical disability), medical condition, genetic information, marital status, or sexual orientation.
8. 3. Upon reasonable notice of at least 24 hours, recipient, contractor, or its subcontractors, shall permit representatives of the Civil Rights Department and the awarding state agency to access, at any time during the normal business hours, its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.
9. 4. Recipient, contractor, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
10. 5. The recipient or contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

Each state contract and subcontract shall contain a nondiscrimination clause unless specifically exempted pursuant to section 11111. The governmental body awarding the contract may use either clause (a) or clause (b) below. Clause (a) will satisfy the requirements of section 12990 of the Government Code only; clause (b) will satisfy the requirements of both the Fair Employment and Housing Act and Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (adopted pursuant to Government Code sections 11135 et seq.). Standardized state form OCP-1, containing clause (a), and OCP-2, containing clause (b), will be available through the OCP. These forms may be incorporated into a contract by reference and will fulfill the requirement of this section. The contracting parties may, in lieu of incorporating form OCP-1 or OCP-2, include the required clause in the written contract directly.

Clause (a)

Note: Authority cited: Sections 12935(a) and 12990(d), Government Code. Reference: Sections 11135, 11136, 11137 and 12990, Government Code.

History

1. Change without regulatory effect renumbering former section 8107 to new section 11105 and amending section filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).

2. Amendment filed 12-9-2015; operative 4-1-2016 (Register 2015, No. 50).

3. Change without regulatory effect amending first paragraph, subsections Clause (a)1. and Clause (b)1.-3. filed 3-20-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 12).

4. Amendment of section and Note filed 1-7-2026; operative 4-1-2026 (Register 2026, No. 2).