The prohibition covers:

• California state government
• Any city, county or city and county
• Any public university system, including the University of California, community college districts, school districts or special districts
• Any other political subdivision or governmental instrumentality of or within California

Bona fide occupational qualifications based on a person’s sex, which are reasonably necessary to the normal operation of public employment, public education or public contracting, are permitted. People who are adversely affected by violations are entitled to the same remedies that are available for violations of California anti-discrimination law. For more information on BFOQs, see Bona Fide Occupational Qualification (BFOQ) as a Discrimination Defense.

Article I, section 31, exempts actions that are required to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to California.

The Legislature adopted interpretations of this provision to define racial discrimination to mean any distinction, exclusion, restriction or preference based on race, color, descent or national or ethnic origin that nullifies or impairs a person’s recognition, enjoyment or exercise of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life on an equal footing with other persons not of the same race.

In addition, the Legislature determined that there may be no private right of action under this section to challenge any special measures undertaken for the purpose of securing adequate advancement of those racial groups requiring protection. The Legislature also extended the same protections against private rights of action to efforts requiring the government to prove racial discrimination before undertaking special measures for the purpose of securing adequate advancement of those racial minority groups needing that protection.