2010 California Code
Government Code
Chapter 8. Nondiscrimination And Compliance Employment Programs

12990.  (a) Any employer who is, or wishes to become, a contractor
with the state for public works or for goods or services is subject
to the provisions of this part relating to discrimination in
employment and to the nondiscrimination requirements of this section
and any rules and regulations that implement it.
   (b) Prior to becoming a contractor or subcontractor with the
state, an employer may be required to submit a nondiscrimination
program to the department for approval and certification and may be
required to submit periodic reports of its compliance with that
program.
   (c) Every state contract and subcontract for public works or for
goods or services shall contain a nondiscrimination clause
prohibiting discrimination on the bases enumerated in this part by
contractors or subcontractors. The nondiscrimination clause shall
contain a provision requiring contractors and subcontractors to give
written notice of their obligations under that clause to labor
organizations with which they have a collective bargaining or other
agreement. These contractual provisions shall be fully and
effectively enforced. This subdivision does not apply to a credit
card purchase of goods of two thousand five hundred dollars ($2,500)
or less. The total amount of exemption authorized herein shall not
exceed seven thousand five hundred dollars ($7,500) per year for each
company from which a state agency is purchasing goods by credit
card. It shall be the responsibility of each state agency to monitor
the use of this exemption and adhere to these restrictions on these
purchases.
   (d) The department shall periodically develop rules and
regulations for the application and implementation of this section,
and submit them to the commission for consideration and adoption in
accordance with the provisions of Chapter 3.5 (commencing with
Section 11340) of Part 1. Those rules and regulations shall describe
and include, but not be limited to, all of the following:
   (1) Procedures for the investigation, approval, certification,
decertification, monitoring, and enforcement of nondiscrimination
programs.
   (2) The size of contracts or subcontracts below which any
particular provision of this section shall not apply.
   (3) The circumstances, if any, under which a contractor or
subcontractor is not subject to this section.
   (4) Criteria for determining the appropriate plant, region,
division, or other unit of a contractor's or subcontractor's
operation for which a nondiscrimination program is required.
   (5) Procedures for coordinating the nondiscrimination requirements
of this section and its implementing rules and regulations with the
California Plan for Equal Opportunity in Apprenticeship, with the
provisions and implementing regulations of Article 9.5 (commencing
with Section 11135) of Chapter 1 of Part 1, and with comparable
federal laws and regulations concerning nondiscrimination, equal
employment opportunity, and affirmative action by those who contract
with the United States.
   (6) The basic principles and standards to guide the department in
administering and implementing this section.
   (e) Where a contractor or subcontractor is required to prepare an
affirmative action, equal employment, or nondiscrimination program
subject to review and approval by a federal compliance agency, that
program may be filed with the department, instead of any
nondiscrimination program regularly required by this section or its
implementing rules and regulations. Such a program shall constitute a
prima facie demonstration of compliance with this section. Where the
department or a federal compliance agency has required the
preparation of an affirmative action, equal employment, or
nondiscrimination program subject to review and approval by the
department or a federal compliance agency, evidence of such a program
shall also constitute prima facie compliance with an ordinance or
regulation of any city, city and county, or county that requires an
employer to submit such a program to a local awarding agency for its
approval prior to becoming a contractor or subcontractor with that
agency.
   (f) Where the department determines and certifies that the
provisions of this section or its implementing rules and regulations
are violated or where the commission, after hearing an accusation
pursuant to Section 12967, determines a contractor or subcontractor
is engaging in practices made unlawful under this part, the
department or the commission may recommend appropriate sanctions to
the awarding agency. Any such recommendation shall take into account
the severity of the violation or violations and any other penalties,
sanctions, or remedies previously imposed.