California Unruh Civil Rights Act Lawyer
What Is the California Unruh Civil Rights Act?
The California Unruh Civil Rights Act refers to a series of provisions in California’s Civil Code that aim to protect the civil rights of people in California and prevent discrimination in California establishments and businesses, and programs. The Unruh Civil Rights Act states that “All persons within the jurisdiction of this state are free and equal, and… entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever”. The Unruh Act applies both within and outside of the employment context, protecting employees, consumers, and the general public from discriminatory conduct. The Unruh Act is one of the key pillars of California’s strong stance against discrimination.
Types of Discrimination Prohibited Under the Unruh Act
The Unruh Civil Rights Act specifically makes discrimination and harassment based on sex, race, color, sexual orientation, religion, ancestry, national origin, mental or physical disability, age, medical condition, and marital status illegal in California. While the law specifically names the above-protected classes, the California Supreme Court has held that the protections provided by Unruh are not necessarily restricted to only the named protected classes. In 2024, Governor Gavin Newsom expanded Unruh to include the recognition of intersectional identities.
Equal Accommodations and Access in California Businesses
Unruh protects people with disabilities in California from discrimination by business establishments and requires businesses to make themselves accessible to all people regardless of ability. This includes making physical and digital spaces, such as websites and apps, accessible. In order to comply, businesses should eliminate physical barriers, and or provide alternative accommodations when requested. Physical accommodations might include ramps, elevators, braille or large print signage, and digital accommodations might include alternative text for images and videos, and technology that supports screen readers.
How the Unruh Act Relates to the Americans with Disabilities Act (ADA)
Unruh makes violating the Federal Americans with Disabilities Act (ADA) a violation of California State Law. The ADA sets accessibility standards for public accommodations, requiring that businesses meet accessibility standards. Under the ADA, plaintiffs can typically sue for injunctive relief, requiring the business to fix the violation, but not for monetary damages. Under the Unruh Act, failing to comply with the ADA’s accessibility requirements is a violation of California law, and allows wronged individuals with the means to sue for monetary damages in addition to injunctive relief.
Legal Obligations for California Business Establishments
Under the Unruh Act, all California business establishments are required to provide full and equal services to all members of the public. Businesses may not deny service or provide different service to different people based on their belonging to a protected class. Businesses may not exclude individuals from accessing their business based on their membership in a protected class. In order to comply with California Law, business entities must remove any physical or digital barriers that exclude members of the public from engaging with their services. If a California business entity fails to provide equal service to the public, it may be held liable and may have to change its policies and pay financial damages. Proactive compliance with the Unruh Act requirements is best practice for all businesses in the State of California.
Exemptions and Limitations to the Unruh Act
The Unruh Act applies to all private and public businesses and entities that serve the public. The Unruh Act might not apply to certain truly private organizations, such as groups with highly selective membership processes. The Unruh Act also might not apply to certain non-commercial entities, such as non-profits and religious institutions that do not provide any goods or services to the public.
The Unruh Act makes a clear distinction between the right of a business or entity to refuse service based on conduct. Businesses are well within their rights to refuse service to individuals who violate any codes of conduct or disrupt their ability to carry out business.
Enforcement of the Unruh Act and Available Legal Remedies
Individuals who experience discriminatory treatment by a business establishment, or are not able to equally access a business establishment, can report their experience to the California Civil Rights Department (CRD). Complaints must be filed with the CRD within one year of the discriminatory event. You may file a complaint with the CRD with or without the help of an attorney. The CRD may choose to investigate and prosecute your claim, or it may issue you a Right to Sue letter, in which case you may file your claim in state court. If the CRD takes your case or if you choose to pursue your claim in state court, you may recover monetary damages in a settlement agreement or a court judgment, depending on the facts of the case.
Speak With an Experienced Unruh Act Lawyer in California
If you or someone you know has faced discrimination or harassment at a business entity in California, reach out to a civil rights attorney. Whether or not you are confident about wanting to pursue legal claims, consulting with an attorney is always smart; discussing your situation with an expert will give you insight into your options and allow you to make an informed decision. It takes courage to speak up against discrimination. Reaching out to an attorney who will have your back is a great first step.
All people in California have the right to equal treatment. Unfortunately, however, discrimination occurs every day in California. Navruz Avloni is an experienced civil rights attorney passionate about combating unlawful discrimination and harassment in California. If you have experienced discrimination or harassment and are looking for a lawyer who can help, reach out to Navruz Avloni for a free and confidential consultation.
Frequently Asked Questions
What Is the California Unruh Civil Rights Act?
The California Unruh Civil Rights Act refers to a series of provisions in California’s Civil Code that aim to protect the civil rights of people in California and prevent discrimination in California establishments, businesses, and programs. The Unruh Civil Rights Act states that “All persons within the jurisdiction of this state are free and equal, and… entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever”.
What does the Unruh Act apply to?
The Unruh Civil Rights Act specifically makes discrimination based on sex, race, color, sexual orientation, religion, ancestry, national origin, mental or physical disability, age, medical condition, and marital status by a business establishment illegal in California.
What is considered a business establishment under the Unruh Act?
Under the Unruh Act, a “business establishment” includes virtually any place open to the public, such as retail stores, restaurants, hotels, hospitals, and non-profit organizations that serve the public. The term is interpreted broadly to cover all “business establishments of every kind whatsoever,” including both physical and digital spaces that offer services to California residents.
While the Unruh Act applies to all private and public businesses and entities that serve the public, the Unruh Act might not apply to certain truly private organizations, such as groups with highly selective membership processes. The Unruh Act also might not apply to certain non-commercial entities, such as non-profits and religious institutions that do not provide any goods or services to the public.
Does the Unruh Act apply to all employers in California?
The Unruh Act applies to virtually any employer in California. Unruh is interpreted to cover all “business establishments of every kind whatsoever” that employ workers within the state.
Does the Unruh Act apply to small companies in California?
Under the Unruh Act, a “business establishment” includes virtually any place open to the public, regardless of size. The term is interpreted broadly to cover all “business establishments of every kind whatsoever,” including small companies that offer services to California residents.
The Unruh Act might not apply to certain truly private small organizations, such as groups with highly selective membership processes. The Unruh Act also might not apply to certain small non-commercial entities, such as non-profits and religious institutions that do not provide any goods or services to the public.
Does the Unruh Act protect occupation or employment status?
The Unruh Act applies both within and outside of the employment context, protecting employees, consumers, and the general public from discriminatory conduct.
How is the Unruh Civil Rights Act different from the ADA?
The Unruh Act makes violating the Federal Americans with Disabilities Act (ADA) a violation of California State Law. The ADA sets accessibility standards for public accommodations, requiring that businesses meet accessibility standards. Under the ADA, plaintiffs can typically sue for injunctive relief, requiring the business to fix the violation, but not for monetary damages. Under the Unruh Act, failing to comply with the ADA’s accessibility requirements is a violation of California law, and allows wronged individuals with the means to sue for monetary damages in addition to injunctive relief.
What is a “cohabitant” under the Unruh Civil Rights Act?
Under California’s Unruh Civil Rights Act, a “cohabitant” refers to individuals who live together as a couple, similar to a married couple. In the context of the Unruh, the term “cohabitant” is most often used in the context of senior citizen housing.
What is the purpose of the Unruh Act?
The Unruh Act is one of the key pillars of California’s strong stance against discrimination. The Unruh Act seeks to protect the civil rights of people in California and prevent discrimination in California establishments and businesses and programs.
What is a violation of the Unruh Civil Rights Act?
A violation of the Unruh Civil Rights Act occurs when a business in California discriminates against a person based on their sex, race, color, religion, disability, and sexual orientation, or membership in any protected class, by denying them equal access to goods, services, and accommodations. Discrimination that violates the Unruh Act may be overt or covert. Examples include charging different prices based on gender, refusing service to a same-sex couple, making services less accessible to members of a certain racial group, or having an inaccessible business location for people with disabilities.
Who may sue under the Unruh Civil Rights Act?
Anyone who is discriminated against or denied equal access to goods, services, and accommodations by a business establishment in California due to a protected characteristic such as sex, race, color, religion, disability, or sexual orientation may sue under the Unruh Civil Rights Act.
What is the penalty for violating the Unruh Act?
The penalties for violating the Unruh Act depend on the facts of the violation. Violating the Unruh Act in California can result in a minimum penalty of $4,000 per violation, which can be multiplied depending on the scope of the damages incurred. A victim can seek compensation for damages suffered, attorneys’ fees, and may also win injunctive relief, meaning that the business must change in order to stop the discriminatory practice.
How do I file a claim for violation of the Unruh Act?
If you have experienced discrimination by a business establishment is California, you can file your claim with the California Civil Rights Department (CRD). Complaints must be filed with the CRD within one year of the discriminatory event. You may file an initial complaint with the CRD with or without the help of an attorney. The CRD may choose to investigate and prosecute your claim, or it may issue you a Right to Sue letter, in which case you may file your claim in state court.
How can a business defend against an Unruh Act claim?
A business can defend against an Unruh Act claim by demonstrating that the claim is not factual or that their company made a reasonable effort to accommodate and prevent discrimination. Businesses can proactively defend against Unruh Act claims by ensuring that their business meets accessibility standards and gives equal opportunity to all Californians. Any businesses being sued should hire legal counsel.
Are there similar civil rights protections in California beyond the Unruh Act?
Yes, in California there are a multitude of laws and statutes that prohibit discrimination based on membership in a protected class. For example, the California Fair Employment and Housing Act (FEHA) prohibits discrimination in employment and housing in California, and the Disabled Persons Act (DPA) ensures individuals with disabilities have full and equal access to public accommodations.
