California Government Code

§ 12944

GOV § 12944 Effective Jan 1, 2023Div. 3 · Title 2 · Part 2.8 · Ch. 6 · Art. 1

Statute text

(a)It shall be unlawful for a licensing board to require any examination or establish any other qualification for licensing that has an adverse impact on any class by virtue of its race, creed, color, national origin or ancestry, sex, gender, gender identity, gender expression, age, medical condition, genetic information, physical disability, mental disability, reproductive health decisionmaking, or sexual orientation, unless the practice can be demonstrated to be job related. Where the council, after hearing, determines that an examination is unlawful under this subdivision, the licensing board may continue to use and rely on the examination until such time as judicial review by the superior court of the determination is exhausted. If an examination or other qualification for licensing is determined to be unlawful under this section, that determination shall not void, limit, repeal, or otherwise affect any right, privilege, status, or responsibility previously conferred upon any person by the examination or by a license issued in reliance on the examination or qualification.

(b)It shall be unlawful for a licensing board to fail or refuse to make reasonable accommodation to an individual’s mental or physical disability or medical condition.

…

Legislative history

Amended (as amended by Stats. 2022, Ch. 48, Sec. 38) by Stats. 2022, Ch. 630, Sec. 8. (SB 523) Effective January 1, 2023.