This legislation adds to the California Unruh Civil Rights Act and Fair Employment and Housing Act by further prohibiting discrimination in business establishments and in housing based on genetic information.
Civil Code §51
Added by S.B. 559
Effective: January 1, 2012
All persons within the jurisdiction of the state of California are entitled to full and equal accommodations, advantages, facilities, privileges or services in all business establishments regardless of their genetic information.
In this section, genetic information is defined as any of the following:
the genetic tests of the individual;
the genetic tests of the individual’s family members; or
the manifestation of a disease or disorder in family members of the individual.
Genetic information includes a request or receipt for genetic services, or participation by an individual or the individual’s family members in clinical research which includes genetic services.
Fair Employment and Housing Act prohibits discrimination in housing based on genetic information
Government Code §12921
Added by S.B. 559
Effective: January 1, 2012
It is a civil right to seek, obtain and hold housing without discrimination based on genetic information.
DFEH duty to protect against genetic information-based housing discrimination
Government Code §12930
Added by S.B. 559
Effective: January 1, 2012
The Department of Fair Employment and Housing (DFEH) has the function, power and duty to issue publications and results of investigations and research which will minimize or eliminate discrimination in housing based on genetic information.
The DFEH may also provide assistance to communities and persons in resolving disputes, disagreements or difficulties relating to discriminatory practices based on genetic information.
FEH Commission duty to promote study of genetic information-based housing discrimination
Government Code §12935
Added by S.B. 559
Effective: January 1, 2012
The Fair Employment and Housing Commission (Commission) has the function, power and duty to create or provide financial or technical assistance to agencies and conciliation councils to study the problems of discrimination in housing based on genetic information.
Licensing boards may not base qualifications on genetic information
Government Code §12944
Added by S.B. 559
Effective: January 1, 2012
It is unlawful for a licensing board to require examination or establish qualification of licensing based on genetic information.
It is unlawful for a licensing board to print or circulate or cause to be printed or circulate, any publication, or make a non-job-related inquiry which expresses a limitation, specification or discrimination based on genetic information.
Unlawful acts of housing discrimination based on genetic information
Government Code §12955, §12955.8
Added by S.B. 559
Effective: January 1, 2012
It is unlawful for the owner of any housing accommodation to:
discriminate against or harass a person based on genetic information; or
make or cause to be made any written or oral inquiry related to the genetic information of a person seeking to purchase, rent or lease a housing accommodation.
It is unlawful for a person to:
make, print or publish, or cause to be made, printed or published, a notice, statement or advertisement for the sale or rental of a housing which indicates preference based on genetic information;
to discriminate against a person on the basis of genetic information (subject to the provisions of CC §51);
induce a person to sell or rent any dwelling in order to profit, by representations regarding the entry into the neighborhood of a person or group of persons with particular genetic information;
deny a person access, membership or participation in a multiple listing service, real estate brokerage or other service based on genetic information;
make unavailable or deny a dwelling because of discrimination based on genetic information; or
discriminate through public or private land use practices, decisions and authorizations based on genetic information.
It is unlawful for a person, bank, mortgage company or other financial institution that provides financial assistance for the purchase, organization or construction of housing to discriminate against a person or group of persons on the basis of genetic information.
It is unlawful for a person, organization or entity involved in a real estate-related transaction to discriminate against a person in making available a transaction or in the terms and conditions of a transaction based on genetic information.
Proof of an intentional violation of any of the above includes when genetic information is a motivating factor in committing a discriminatory housing practice, even though other factors may have also motivated the practice. Proof of a violation causing a discriminatory effect is shown in an act or failure to act based on genetic information.
Claims for restrictive covenants on property include restrictions based on genetic information
Government Code §12956.1, §12956.2
Added by S.B. 559
Effective: January 1, 2012
The cover page or stamp with which a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association includes a copy of a declaration, government document or deed for a person making a claim for a restrictive covenant must state the declaration, government document or deed is void if it contains any restriction based on genetic information.
When determining if a restrictive covenant on the interest of record in property is unlawful the county counsel must also consider if the restriction is based on genetic information.
Interpreting discrimination based on genetic information
Government Code §12993
Added by S.B. 559
Effective: January 1, 2012
The provisions established to prohibit discrimination based on genetic information do not repeal any provision in the Civil Rights Law or any other law of the state relating to discrimination based on genetic information, unless those provisions provide less protection.
