1. (a) The Act imposes liability for practices that are not motivated by discriminatory intent when the practices have a discriminatory effect, as defined in paragraph (b) of this section. Practices that have a discriminatory effect may still be lawful if supported by a legally sufficient justification, as defined in section 12062.
2. (b) A practice has a discriminatory effect where it actually or predictably results in a disparate impact on a group of individuals, or creates, increases, reinforces, or perpetuates segregated housing patterns, based on membership in a protected class. A practice predictably results in a disparate impact when there is evidence that the practice will result in a disparate impact even though the practice has not yet been implemented. A single person may pursue a claim based upon a practice that has disparate impact on a group of individuals if that person has been injured by the practice. A practice that is proven under Section 12061 to create, increase, reinforce, or perpetuate segregated housing patterns is a violation of the Act independently of the extent to which it produces a disparate effect on protected classes.

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12927, 12955, 12955.6 and 12955.8, Government Code.

History

1. New article 7 (sections 12060-12063) and section filed 9-16-2019; operative 1-1-2020 (Register 2019, No. 38).