California 2 CCR § 12060. Practices with a Discriminatory Effect.

(a) The Act imposes liability for practices that are not motivated by discriminatory intent when the practices have a discriminatory effect, as defined in paragraph (b) of this section. Practices that have a discriminatory effect may still be lawful if supported by a legally sufficient justification, as defined in section 12062.

(b) A practice has a discriminatory effect where it actually or predictably results in a disparate impact on a group of individuals, or creates, increases, reinforces, or perpetuates segregated housing patterns, based on membership in a protected class. A practice predictably results in a disparate impact when there is evidence that the practice will result in a disparate impact even though the practice has not yet been implemented. A single person may pursue a claim based upon a practice that has disparate impact on a group of individuals if that person has been injured by the practice. A practice that is proven under Section 12061 to create, increase, reinforce, or perpetuate segregated housing patterns is a violation of the Act independently of the extent to which it produces a disparate effect on protected classes.

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 7 (sections 12060-12063) and section filed 9-16-2019; operative 1-1-2020 (Register 2019, No. 38).

Official source: California 2 CCR § 12060. Practices with a Discriminatory Effect..

Source snapshot retrieved: 2026-09-25T21:44:37.771851+00:00.

Publisher currency statement: This database is current through 9/11/26 Register 2026, No. 37.

Version dates (indexing metadata): Effective 2020-01-01; operative 2020-01-01.

Effective-date evidence (external official source, indexing metadata): This regulatory action becomes effective on 1/1/2020.

Evidence source: https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2019/09/NtcApproval-FairHousingRegulations.pdf

Applicability note (indexing metadata, not regulatory text): Review the applicable definitions, burdens of proof, exemptions, exceptions, causation, notice and procedural conditions in the source subsections. A screening criterion, housing advertisement, criminal record or land-use decision cannot be evaluated from dates alone. Read the regulations together with current state and federal statutes and any applicable local protections. This indexed version does not establish the text before its reviewed amendment date.