12940.2.
(a) As used in this section:(1) “Protected group” means membership in a subgroup of a category listed in subdivision (a) of Section 12940.
(2) “Overrepresented” means the protected group constitutes a higher percentage of the type of job in question in the employer’s workforce than the percent of the protected group in the type of job in the relevant general workforce.
(3) “Underrepresented” means the protected group, to a statistically significant degree, constitutes a lower percentage of the type of job in the relevant general workforce than would be expected by the percentage of the protected group in the general population.
(b) Under this chapter, it is not a violation of the rights of any individual who is not chosen for an employer to hire or promote a member of a protected group, if both of the following apply:
(1) The employer determines that the individual hired or promoted is qualified for the job.
(2) The individual hired or promoted is a member of a protected group that is underrepresented in the type of job in question in the relevant general workforce.
(c) Subdivision (b) shall not apply if either of the following apply:
(1) The individual hired or promoted is a member of a protected group that, prior to the selection of the individual, was overrepresented in the type of job in the employer’s workforce.
(2) An individual challenging the hire or promotion decision is a member of a protected group that is meaningfully underrepresented in the type of job in the relevant general workforce and there is substantial evidence that the individual’s protected status was a substantial factor in the hire or promotion decision.