California Government Contractors laws & HR compliance analysis

California Government Contractors: What you need to know

Contractors and subcontractors who have public works, goods, or services agreements with the state of California are prohibited from discriminating against job applicants and employees on the basis of race, creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, or sexual orientation, unless the protected classification is a bona fide occupational qualification (BFOQ) (CA Lab. Code Sec. 1735). A contractor must agree to comply with the state's nondiscrimination program requirements, and all contracts must include a nondiscrimination clause stating that the contractor will not unlawfully discriminate against any employee or applicant based on one of the protected classifications (CA Gov. Code Sec. 12990et seq.). In addition, employers and labor unions may not refuse to accept otherwise qualified employees as registered apprentices on any public works on the grounds of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sex, age, or sexual orientation (except that apprentices must be at least 16 years old) (CA Lab. Code Sec. 1777.6).
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Exception for credit card purchases. Purchases of goods of $2,500 or less made by credit card are exempt from the nondiscrimination clause requirements. There is a maximum annual amount of $7,500 for each company from which a state agency purchases goods by credit card (CA Gov. Code Sec. 12990).
In addition, the California Constitution prohibits the state, local governments, public universities, colleges, schools, and other government instrumentalities from discriminating against or giving preferential treatment to anyone in public employment, ...

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