Section 12100 - Financial Assistance Practices with Discriminatory Effect(a) Financial assistance practices may have a discriminatory effect. A financial assistance practice that has a discriminatory effect is prohibited unless there is a legally sufficient justification for the practice. Financial assistance practices that are prohibited absent a legally sufficient justification include: (1) Making available, making unavailable, or discouraging the provision of financial assistance in a manner that results in a discriminatory effect based on membership in a protected class;(2) Establishing the terms or conditions of financial assistance in a manner that results in a discriminatory effect based on membership in a protected class;(3) Failing or refusing to provide information regarding the availability of financial assistance, or failing or refusing to provide information regarding application requirements, procedures or standards for the review and approval of financial assistance, or providing information which is inaccurate or different from that provided others, in a manner that results in a discriminatory effect based on membership in a protected class;(4) Imposing different terms or conditions on the availability of financial assistance in a manner that results in a discriminatory effect based on membership in a protected class;(5) Determining the type of financial assistance to be provided or fixing the amount, interest rate, cost, duration, or other terms or conditions for financial assistance in a manner that result in a discriminatory effect based on membership in a protected class;(6) Servicing of financial assistance, or providing such servicing with different terms or conditions, in a manner that results in a discriminatory effect based on membership in a protected class;(7) Subjecting a person to harassment in a manner that has the effect of imposing different terms or conditions for the availability of financial assistance that results in a discriminatory effect based on membership in a protected class; and(8) Conditioning the availability of financial assistance, or the terms or conditions thereof, on a person's response to harassment in a manner that results in a discriminatory effect based on membership in a protected class.(b) Financial assistance practices are also prohibited if they intentionally discriminate on the basis of membership in a protected class.Cal. Code Regs. Tit. 2, § 12100
1. New article 11 (section 12100) and section filed 9-16-2019; operative 1-1-2020 (Register 2019, No. 38). Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12927, 12955, 12955.6 and 12955.8, Government Code.
1. New article 11 (section 12100) and section filed 9-16-2019; operative 1/1/2020 (Register 2019, No. 38).