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Legal Resources | Code of Regulations, Title 2 |    11008  

Subchapter 2. Discrimination in Employment. Definitions.   

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As used in this chapter, the following definitions shall apply unless the context otherwise requires:

(a) ?Employer.? Any person or individual engaged in any business or enterprise regularly employing five or more individuals, including individuals performing any service under any appointment, contract of hire or apprenticeship, express or implied, oral or written.

(1) ?Regularly employing? means employing five or more individuals for each working day in any twenty consecutive calendar weeks in the current calendar year or preceding calendar year.

(2) For purposes of ?counting? the (five or more) employees, the individuals employed need not be employees as defined below; nor must any of them be full-time employees.

(3) Any person or individual acting as an agent of an employer, directly or indirectly, is also an employer.

(4) ?Employer? includes the State of California, any political or civil subdivision thereof, counties, cities, city and county, local agencies, or special districts, irrespective of whether that entity employs five or more individuals.

(5) A religious association or religious corporation not organized for private profit is not an employer under the meaning of this Act; any non-profit religious organization exempt from federal and state income tax as a non-profit religious organization is presumed not to be an employer under this Act. Notwithstanding such status, any portion of such tax exempt religious association or religious corporation subject to state or federal income taxes as an unrelated business and regularly employing five or more individuals is an employer.

(6) ?Employer? includes any non-profit corporation or non-profit association other than that defined in subsection (5).

(b) ?Employee.? Any individual under the direction and control of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written.

(1) Employee does not include an independent contractor as defined in Labor Code section 3353.

(2) Employee does not include any individual employed by his or her parents, by his or her spouse, or by his or her child.

(3) Employee does not include any individual employed under special license in a non-profit sheltered workshop or rehabilitation facility.

(4) An employment agency is not an employee of the person or individual for whom it procures employees.

(5) An individual compensated by a temporary service agency for work to be performed for an employer contracting with the temporary service agency may be considered an employee of that employer for such terms, conditions and privileges of employment under the control of that employer. Such an individual is an employee of the temporary service agency with regard to such terms, conditions and privileges of employment under the control of the temporary service agency.

(c) ?Employment Agency.? Any person undertaking for compensation to procure job applicants, employees or opportunities to work.

(d) ?Labor Organization.? Any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers regarding grievances, terms or conditions of employment, or of providing other mutual aid or protection.

(e) ?Employer or Other Covered Entity.? Any employer, employment agency, labor organization or apprenticeship training program as defined herein and subject to the provisions of the Act.

(f) ?Employment Benefit.? Except as otherwise provided in the Act, any benefit of employment covered by the Act, including hiring, employment, promotion, selection for training programs leading to employment or promotions, freedom from disbarment or discharge from employment or a training program, compensation, provision of a discrimination-free workplace, and any other favorable term, condition or privilege of employment.

(1) For a labor organization, ?employment benefit? includes all rights and privileges of membership, including freedom from exclusion, expulsion or restriction of membership, second class or segregated membership, discrimination in the election of officers or selection of staff, or any other action against a member or any employee or person employed by an employer.

(2) ?Employment benefit? also includes the selection or training of any person in any apprenticeship training program or any other training program leading to employment or promotion.

(3) ?Provision of a discrimination-free workplace? is a provision of a workplace free of harassment, as defined in section 11019(b).

(g) ?Employment Practice.? Any act, omission, policy or decision of an employer or other covered entity affecting any of an individual's employment benefits or consideration for an employment benefit.

(h) ?Applicant.? Any individual who files a written application or, where an employer or other covered entity does not provide an application form, any individual who otherwise indicates a specific desire to an employer or other covered entity to be considered for employment. Except for recordkeeping purposes, ?Applicant? is also an individual who can prove that he or she has been deterred from applying for a job by an employer's or other covered entity's alleged discriminatory practice. ?Applicant? does not include an individual who without coercion or intimidation willingly withdraws his or her application prior to being interviewed, tested or hired.

(i) ?Apprenticeship Training Program.? Any apprenticeship program, including local or state joint apprenticeship committees, subject to the provision of Chapter 4 of Division 3 of the California Labor Code, section 3070 et seq.

Authority cited:

Government Code 12935(a)

Reference:

Government Code 12925

Government Code 12940

Government Code 12941

Government Code 12942

(Amended by Register 2013, No. 40.)