Section 12062 - Legally Sufficient Justification(a) A business establishment can show that there is no violation of the Act if there is a legally sufficient justification for a practice that has a discriminatory effect. To show that a legally sufficient justification exists, the business establishment must establish the following elements: (1) The practice is necessary to achieve one or more substantial, legitimate, nondiscriminatory business interests;(2) The practice effectively carries out the identified business interest; and(3) There is no feasible alternative practice that would equally or better accomplish the identified business interest with a less discriminatory effect.(b) In cases that do not involve a business establishment, the person whose practice has a discriminatory effect can show that there is no violation of the Act if there is a legally sufficient justification for the practice. To show that a legally sufficient justification exists, the person must establish the following elements: (1) The practice is necessary to achieve one or more substantial, legitimate, nondiscriminatory purposes of the non-business establishment;(2) The practice effectively carries out the identified purpose;(3) The identified purpose is sufficiently compelling to override the discriminatory effect; and(4) There is no feasible alternative practice that would equally or better accomplish the identified purpose with a less discriminatory effect.(c) A respondent's justification for a practice with a discriminatory effect will not be legally sufficient if it is not supported by evidence, meaning that the justification is hypothetical or speculative.(d) In a legal proceeding, the determination of whether an interest or purpose is substantial, legitimate, and nondiscriminatory requires a case-specific, fact-based inquiry.Cal. Code Regs. Tit. 2, § 12062
1. New section filed 9-16-2019; operative 1-1-2020 (Register 2019, No. 38). Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12927, 12955, 12955.6 and 12955.8, Government Code.
1. New section filed 9-16-2019; operative 1/1/2020 (Register 2019, No. 38).