Chapter 9.5. Employment For Older Workers of California Unemployment Insurance Code >> Division 1. >> Part 1. >> Chapter 9.5.
It is the public policy of the State of California that
manpower should be used to its fullest extent. This statement of
policy compels the further conclusion that human beings seeking
employment, or retention thereof, should be judged fairly and without
resort to rigid and unsound rules that operate to disqualify
significant portions of the population from gainful and useful
employment. Accordingly, use by employers, employment agencies, and
labor organizations of arbitrary and unreasonable rules which bar or
terminate employment on the ground of age offend the public policy of
As used in this chapter:
(a) "Employee" does not include any individual employed by his
parents, spouse or child or in the domestic service of any person.
(b) "Employer" does not include any employer with less than six
persons in his employ. It does include any employer with six or more
employees. It also includes the State of California and any political
(c) "Employment agency" includes any person undertaking to procure
employees or opportunities to work.
(d) "Labor organization" includes any organization that is
constituted for the purpose, in whole or in part, of collective
bargaining or in dealing with employers concerning grievances, terms
or conditions of employment or of other mutual aid or protection in
connection with employees.
(e) "Person" includes one or more individuals, partnerships,
associations, corporations, limited liability companies, legal
representatives, trustees, trustees in bankruptcy or receivers.
The department shall co-operate with other departments,
agencies, and institutions both public and private in providing job
counseling and placement services and developing employment programs
for older workers, including employment programs to protect and
safeguard the right and opportunity of such workers to seek, obtain,
and hold employment without discrimination or abridgement on account
of age, unless based upon a bona fide occupational qualification or
upon applicable security regulations established by the United States
or the State of California.
The department shall formulate policies to effectuate the
purposes of this chapter and make recommendations to agencies and
officers of the State and of local governments in aid of such
policies and purposes. Nothing herein shall modify or supersede the
authority or responsibility of the State Personnel Board to enforce
the provisions of the State Civil Service Act.
The department shall carry on a continuing program of
education, information, research, study, and community organization
concerning the problems of older workers in seeking, obtaining, and
holding employment without discrimination on account of age. The
department shall create such local advisory agencies as in its
judgment will aid in effectuating the purposes of this section, and
may empower them to study the problems of discrimination on account
of age and all problems relating to employment programs for older
workers, and to foster through community effort co-operation among
the various groups and elements of the population of the State and to
make recommendations to the department for the development of
policies and procedures to carry out the purposes of this section.
Such advisory agencies shall be composed of representative citizens,
serving without pay.
The department shall issue such publications and such results
of research and other activities as in its judgment will tend to
minimize or eliminate discrimination in employment on account of age.
The age limitations of the apprenticeship programs in which
the State participates shall not be considered discriminatory within
the meaning of this chapter.