(a)No person in the State of California shall, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. Notwithstanding Section 11000, this section applies to the California State University.
(b)With respect to discrimination on the basis of disability,
programs and activities subject to subdivision (a) shall meet the protections and prohibitions contained in Section 202 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof, except that if the laws of this state prescribe stronger protections and prohibitions, the programs and activities subject to subdivision (a) shall be subject to the stronger protections and prohibitions.
(c)The protected bases referenced in this section have the same meanings as those terms are defined in Section 12926.
(d)The protected bases used in this section include a perception that a person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
Notes of Decisions
Prescott v. Rady Child.'s Hosp.-San Diego, 265 F. Supp. 3d 1090 (S.D. Cal. 2017).
· cites it 3× “Prescott now brings this action against RCHSD alleging numerous causes of action including violations of the Affordable Care Act § 1557, 42 U.”
Dennis Sharkey v. Eral O'Neal, 778 F.3d 767 (9th Cir. 2015).
· cites it 2× “District courts must borrow the three-year limitations period applicable to claims under California Government Code § 11135, rather than the limitations period applicable to personal injury claims in California.”
Bassilios v. City of Torrance, 166 F. Supp. 3d 1061 (C.D. Cal. 2015).
· cites it 5× “Plaintiff contends that by denying her request, the City discriminated against her on the basis of her disability in violation of Title II of the Americans with Disabilities Act (the “ADA”), Section 504 of the Rehabilitation Act of 1973 (“Section 504” or the “RA”), and…”
Donovan v. Poway Unified Sch. Dist., 167 Cal. App. 4th 567 (Cal. Ct. App. 2008).
· cites it 2× “” When originally enacted in 1977, Government Code section 11135, much like Education Code section 220 when it was first enacted in 1982, did not include an express private right of action.”
San Francisco Taxi Coalition v. City & Cnty. of San Francisco, 979 F.3d 1220 (9th Cir. 2020).
· cites it 3× “The panel further held that plaintiffs failed to plausibly allege that the 2018 regulations were governed by California Government Code section 11135, forbidding state actions that discriminate based on age.”
Aikins v. St. Helena Hosp., 843 F. Supp. 1329 (N.D. Cal. 1994).
· cites it 3× “Lies under the ADA; and plaintiffs’ claims under California Government Code section 11135 and Health and Safety Code section 1259.”
Hernandez v. Cnty. of Monterey, 305 F.R.D. 132 (N.D. Cal. 2015).
· cites it 3× “’ ” 97 Disability discrimination claims under the Americans with Disabilities Act, Rehabilitation Act, and California Government Code section 11135 are of the same type: requiring injunctive relief from system-wide policies and practices, which institutionalize a failure to…”
Bureerong v. Uvawas, 922 F. Supp. 1450 (C.D. Cal. 1996).
· cites it 2× “2d 619 (1992) (performing the same analysis with regard to Cal.Govt.Code § 11135). Plaintiffs dispute that Moradi-Shalal establishes the method of analyzing whether a private right of action exists under a California statute, and attempt to limit Moradi-Shalal to its specific…”
Carter v. City of Los Angeles, 224 Cal. App. 4th 808 (Cal. Ct. App. 2014).
· cites it 2× “22 (a); Gov. Code, § 11135, subd. (b).) The number of curb cuts to be installed in the first year of settlement is significant, and when we consider that the curbs first remediated will be those chosen by class members themselves, and will therefore presumably address members’…”
Cal. Government Code § 11135(a): 3 cases
Bassilios v. City of Torrance, 166 F. Supp. 3d 1061 (C.D. Cal. 2015).
“Plaintiff contends that by denying her request, the City discriminated against her on the basis of her disability in violation of Title II of the Americans with Disabilities Act (the “ADA”), Section 504 of the Rehabilitation Act of 1973 (“Section 504” or the “RA”), and…”
Cal. Government Code § 11135(b): 3 cases
Bassilios v. City of Torrance, 166 F. Supp. 3d 1061 (C.D. Cal. 2015).
“Plaintiff contends that by denying her request, the City discriminated against her on the basis of her disability in violation of Title II of the Americans with Disabilities Act (the “ADA”), Section 504 of the Rehabilitation Act of 1973 (“Section 504” or the “RA”), and…”
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