Article 1, Section 31, contains several important exceptions:
• California agencies and public contractors may make gender-based determinations when there is a bona fide qualification based on gender.
• The proposition does not apply to affirmative action plans existing on November 9, 1996 (the date this section became effective), that were developed in response to a court order or consent decree.
• California agencies and public contractors may have an affirmative action plan when necessary to maintain eligibility for federal funding.
Despite Proposition 209, if an employer contracts with California state government for public works or goods or ...