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  "id": "ca-gov-code-12940",
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  "contentVersion": "2026.08.31",
  "generatedFor": "2026-09-07",
  "operator": {
    "legalName": "WJB Services, Inc.",
    "dba": "Bollinsure Insurance Services",
    "license": "6013787",
    "licenseAuthority": "California Department of Insurance"
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  "license": "Text on this page may be quoted with attribution and a link to the canonical URL.",
  "notice": "Public page facts only. This record contains no visitor question, no tool input, and no identifier. It is not a coverage determination, an eligibility decision, or individualized advice.",
  "title": "California Government Code section 12940 (unlawful employment practices under the Fair Employment and Housing Act)",
  "publisher": "California Legislative Counsel (leginfo.legislature.ca.gov)",
  "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12940",
  "officialHost": true,
  "sourceType": "statute",
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  "jurisdiction": "CA",
  "publishedDate": "unknown",
  "effectiveDate": "unknown",
  "accessedDate": "2026-09-06",
  "lastChecked": "2026-09-06",
  "updateCadence": "Amended frequently by the California Legislature; the list of protected characteristics in subdivision (a) has been extended repeatedly, so confirm the current text on leginfo before relying on it.",
  "status": "active",
  "supportsClaims": [
    {
      "claimId": "ca-gov-code-12940#c1",
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      "checksum": "e3f906eef0a0",
      "text": "Section 12940(a) makes it an unlawful employment practice, unless based upon a bona fide occupational qualification, for an employer to refuse to hire or employ a person because of that person's race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status."
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      "text": "Section 12940(h) makes it an unlawful employment practice for any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under the part, or because the person has filed a complaint, testified, or assisted in any proceeding under the part."
    },
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      "text": "Section 12940(j)(1) provides that an employer may also be responsible for the acts of nonemployees, with respect to harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, if the employer or its agents or supervisors knows or should have known of the conduct and fails to take immediate and appropriate corrective action."
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      "checksum": "bccd9aec725f",
      "text": "Section 12940(j)(1) provides that in reviewing cases involving the acts of nonemployees, the extent of the employer's control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered."
    },
    {
      "claimId": "ca-gov-code-12940#c5",
      "canonicalUrl": "https://bestinsuranceresearch.com/sources/ca-gov-code-12940#c5",
      "checksum": "0834656415a9",
      "text": "Section 12940(k) makes it an unlawful employment practice for an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring."
    }
  ],
  "reliedOnBy": [
    {
      "kind": "Question",
      "title": "Can my business be liable if a customer harasses one of my employees?",
      "url": "https://bestinsuranceresearch.com/questions/customer-harasses-my-employee-liability-california"
    },
    {
      "kind": "Question",
      "title": "How long does someone have to file an employment discrimination claim in California?",
      "url": "https://bestinsuranceresearch.com/questions/how-long-to-file-employment-claim-california"
    },
    {
      "kind": "Coverage",
      "title": "Employment practices liability",
      "url": "https://bestinsuranceresearch.com/insurance/employment-practices-liability"
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  "reliedOnByCount": 3,
  "citation": {
    "text": "California Legislative Counsel (leginfo.legislature.ca.gov). \"California Government Code section 12940 (unlawful employment practices under the Fair Employment and Housing Act).\" unknown. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12940 (retrieved 2026-09-06).",
    "viaThisSite": "BestInsurance Research source record ca-gov-code-12940, content version 2026.08.31. https://bestinsuranceresearch.com/sources/ca-gov-code-12940",
    "note": "Cite the underlying source when you can. Cite this record when you are describing our synthesis or our claim list."
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}