(a) The state shall not discriminate against or grant preferential
treatment to, any individual or group on the basis of race, sex, color, ethnicity,
or national origin in the operation of public employment, public education,
or public contracting.
(b) This section shall apply only to action taken after the section's effective
date.
(c) Nothing in this section shall be interpreted as prohibiting bona fide
qualifications based on sex which are reasonably necessary to the normal operation
of public employment, public education, or public contracting.
(d) Nothing in this section shall be interpreted as invalidating any court
order or consent decree which is in force as of the effective date of this
section.
(e) Nothing in this section shall be interpreted as prohibiting action which
must be taken to establish or maintain any federal program, where ineligibility
would result in a loss of federal funds to the state.
(f) For the purposes of this section, 'state' shall include, but not necessarily
be limited to, the state itself, any city, county, city and county, public
university system, including the University of California, community college
district, school district, special district, or any other political subdivision
or governmental instrumentality of or within the state.
(g) The remedies available for violations of this section shall be the same,
regardless of the injured party's race, sex, color, ethnicity, or national
origin, as are otherwise available for violations of then-existing California
and discrimination law.
(h) This section shall be self-executing. If any part or parts of this section
are found to be in conflict with federal law or the United States Constitution,
the section shall be implemented to the maximum extent that federal law and
the United States Constitution permit. Any provision held invalid shall be
severable from the remaining portions of this section.
