Public WorksQuestion 590 of 1605
Under Labor Code §1735, a contractor on a public works project who refuses to hire a qualified worker because of the worker's race, national origin, or sex:
a.Has no liability because hiring decisions are private
b.Is in violation of the Labor Code and forfeits a statutory penalty for each offense, in addition to other remedies
c.Must only attend training and may continue bidding
d.Loses only the right to claim retention release
Explanation
Labor Code §1735 prohibits discrimination on public works on the basis of race, religious creed, color, national origin, ancestry, physical disability, medical condition, marital status, sex, age, or sexual orientation, and imposes a forfeiture for each offense in addition to other remedies.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)