1. (a) Among other prohibited practices, it is prohibited for a covered entity to:

   1. (1) discriminate against or deny full and equal access to a person on the basis of the person's actual or perceived ancestry, ethnic group identification, or national origin, including a person's primary language or accent;
   2. (2) discriminate against or deny full and equal access to a person on the basis of such person's association with persons of a particular ancestry, ethnic group identification, or national origin.
   3. (3) discriminate against a person on the basis of such person's membership in an organization identified with, or seeking to promote the interests of persons of a particular ancestry, ethnic group identification, or national origin, or because a person's name, or that of their spouse, is believed to reflect a particular ancestry, ethnic group identification, or national origin; or

   4. (4) fail to take reasonable steps to ensure meaningful access to its programs and activities by LEP persons, including through the use of alternative communication services. The determination of whether a covered entity has failed to take reasonable steps to ensure meaningful access to its programs and activities by LEP persons is a case-specific, fact-based inquiry that must balance at least the following five factors:

      1. (A) The number or proportion of LEP persons eligible to be served or likely to be encountered by the covered entity;
      2. (B) The frequency with which LEP individuals come in contact with the program or activity;
      3. (C) The nature and importance to people's lives of the program or activity provided by the covered entity;
      4. (D) The significance of the communication to an individual's ability to access or be served by the program or activity; and
      5. (E) The resources available to the covered entity.

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135, 11136 and 11139, Government Code.

History

1. New section filed 3-19-2024; operative 7-1-2024 (Register 2024, No. 12).