- (a) The protections, prohibitions, rights, duties, sanctions, and remedies imposed by Article 9.5, this subchapter, and other implementing regulations are not exclusive and are in addition to any other protections, prohibitions, rights, duties, sanctions, and remedies imposed by other federal or state laws. Compliance with other laws does not in itself constitute compliance with or discharge the protections, prohibitions, rights, duties, sanctions, and remedies imposed by Article 9.5, this subchapter, or other implementing regulations, nor does compliance with Article 9.5, this subchapter, or other implementing regulations necessarily constitute compliance with other laws where those other laws impose requirements that are more protective of protected classes. Compliance with such other laws does not in itself exempt the state, a state agency, or a recipient from complying with Article 9.5 or other implementing regulations.
- (b) Article 9.5 shall not be interpreted in a manner that would adversely affect lawful programs or activities that benefit members of protected classes in order to overcome the effects of conditions that result or have resulted in limited participation in, or receipt of benefits from, any program or activity provided by a covered entity.
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135 and 11139, Government Code.
History
1. New section filed 3-19-2024; operative 7-1-2024 (Register 2024, No. 12).
2. Amendment of Note filed 1-7-2026; operative 4-1-2026 (Register 2026, No. 2).