Public WorksQuestion 590 of 1632

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 at all, since hiring choices are private
b.Violates the Labor Code and forfeits a statutory penalty
c.Must attend training and may keep bidding as before
d.Loses only the right to have retention released

Explanation

Labor Code §1735 forbids discrimination on public works on the basis of race, religious creed, colour, national origin, ancestry, physical disability, medical condition, marital status, sex, age or sexual orientation, and imposes a forfeiture for each offence on top of any other remedy the worker may have. Private hiring discretion is no defence, because the contractor took public money. Training is a settlement term a party may agree to, not the statutory consequence. And retention release is governed by Public Contract Code §7107, which has nothing to do with discrimination.

Law Reference: Labor Code §1735

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