Section 1256.2-1 - Voluntary Leaving -Good Cause -Deprivation of Equal Employment Opportunities(a) Scope. This section interprets Section 1256 and 1256.2 of the code concerning whether an individual leaves with or without good cause when the leaving of work is due to deprivation by the employer of equal employment opportunities due to the individual's race, color, religious creed, sex, national origin, ancestry, or physical handicap under Section 1256.2 of the code, or due to age, medical condition or marital status or other unlawful basis under Section 1256 of the code. "Employment opportunities" include, but are not limited to, assignments to jobs, work atmosphere, compensation, including fringe benefits, promotions, transfer, upgrading, rights and duties of employees under work rules, and the terms, conditions or privileges of employment.(b) Applicable Law. Sections 1256 and 1256.2 of the code, with respect to equal employment opportunity issues, and this section are to be construed in harmony with and subject to applicable and controlling federal and California law on the subject of equal employment opportunities, including, but not limited to, Section 8 of Article 1 of the California State Constitution, the California Fair Employment Practice Act (Sections 1410 and following, Labor Code), Titles VI and VII of the Civil Rights Act of 1964, as amended (42 United States Code 2000d and 2000e), Section 1197.5 of the Labor Code relating to equal pay for equal work, the federal Equal Pay Act of 1963, as amended (29 United States Code 206(d)), the federal Age Discrimination Employment Act of 1967, as amended (29 United States Code 621 et seq.), the federal Rehabilitation Act of 1973, as amended (29 United States Code 701 et seq.), and comparable statutes (for pertinent federal regulations, see especially Title 29, Code of Federal Regulations, Chapter XIV: Part 1604, Sections 1604.1 to 1604.10, relating to sex discrimination; Part 1605, Section 1605.1, relating to discrimination based on religion; and Part 1606, Section 1606.1, relating to discrimination based on national origin).(c) Bona Fide Occupational Qualification. Under Sections 1256 and 1256.2 of the code, there is an exception that otherwise prohibited discrimination by an employer is excused if based on a bona fide occupational qualification. The bona fide occupational qualification exception shall be interpreted narrowly, and the burden to establish it shall rest on the party relying upon the exception. Most jobs can be performed equally well by all otherwise qualified persons without regard to race, color, religious creed, sex, national origin, ancestry, physical handicap, age, medical condition, or marital status. Specifications that are clearly job-related even though based on otherwise prohibited discrimination tests are permitted in the rare case where a bona fide occupational qualification can be justified. For example, if a male actor-employee in the movie industry were denied a particular role in a movie where a woman was necessary for the purpose of authenticity or genuineness, sex would be a bona fide occupational qualification, and leaving work due to the denial would be without good cause. Job-related specifications unrelated to prohibited discriminatory classifications are permitted, such as required licenses, permits, special driving or other job skills, and the like. An individual who left work due to denial of pay raises, promotions, or other employment opportunities based on failure to meet such nondiscriminatory job-related specifications would not have good cause for the leaving of work.(d) Security Clearance. An individual who leaves work because a promotion, pay raise, or other employment opportunity has been denied due to failure to meet applicable security requirements of California or federal law leaves without good cause under Sections 1256 and 1256.2 of the code.(e) Other Remedies of Employee. If an individual is intentionally and unlawfully deprived of equal employment opportunities by an employer who persists in the deprivation, and the individual leaves work for this reason, there is good cause for leaving work under Sections 1256 and 1256.2 of the code even if the individual does not first file a complaint with the state or federal agency with jurisdiction to provide relief for and stop the violation. If the employer's acts are unintentional, however, the individual does not have good cause to leave work due to prohibited deprivation of rights if the individual fails to make reasonable efforts to put the employer on notice and give an opportunity to make adjustments. Reasonable efforts are made if the individual takes reasonable steps to call the matter to the employer's attention, with a reasonable time and opportunity for adjustment, and it is not necessary that the individual file a formal complaint or charge with any state or federal agency to meet the "reasonable efforts" condition.Cal. Code Regs. Tit. 22, § 1256.2-1
1. New section filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
2. Amendment of subsection (b) filed 1-28-82; effective thirtieth day thereafter (Register 82, No. 5). Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Sections 1256 and 1256.2, Unemployment Insurance Code.
1. New section filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
2. Amendment of subsection (b) filed 1-28-82; effective thirtieth day thereafter (Register 82, No. 5).