Government Code Section 11135 plays a key role in California’s anti-discrimination laws. It ensures that everyone receives fair treatment when it comes to accessing and using programs and services paid for by the state.
However, it has also been 50 years since this law was enacted. So, over the past few years, the Civil Rights Council has worked on expanding and clarifying its provisions. These updates received final approval in March 2024 and have been in effect since the beginning of July. Here’s what you need to know:
It is more aligned with federal law
The updated rules ensure that this law is just as protective as Title VI of the Civil Rights Act of 1964. They provide clearer definitions of who is protected and who must follow these rules. The law outlines characteristics such as disability, ethnicity, sexual orientation, and marital status and encompasses all state-funded programs, agencies, or contractors, from public education to housing.
Moreover, it clarifies what practices count as discrimination, including:
- Facial discrimination
- Intentional discrimination
- Disparate impact discrimination
All legal sources – including state and federal court decisions – can be used to determine whether a practice is discriminatory or denies equal access. This ensures that the new standards are consistent with broader legal interpretations and rulings.
It provides standards for ensuring accessibility
The new regulations focus on making sure that people with disabilities and low English-speaking proficiency can fully participate in state-funded activities and services. This includes:
- Making structural changes like adding ramps or elevators to make buildings accessible.
- Hiring employees or interpreters who speak different languages.
- Providing materials in other languages, formats like Braille, or large print for people who can’t read regular text.
These efforts help ensure that state programs or efforts do not contribute to or worsen discrimination in California.
You have a right to state services
These updates mark a significant milestone in ensuring fairness and accessibility for all Californians. Know that you have the right to access state-funded programs and activities, regardless of your ability, identity, or background.