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.
Frequently Asked Questions
The Unruh Civil Rights Act is a California law that protects individuals from discrimination in all business establishments, ensuring equal access regardless of race, gender, religion, disability, or other protected characteristics.
This law prohibits businesses from denying services or providing inferior treatment based on protected characteristics. It applies to a wide range of public accommodations, including stores, hotels, restaurants, and professional services.
The Act safeguards individuals against discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, and other characteristics protected under California law.
Individuals who experience discrimination can file a civil lawsuit to seek remedies, which may include actual damages, statutory damages, and attorney fees to prevailing parties.
Cases often involve denial of service, unequal treatment, refusal to accommodate disabilities, or discriminatory policies in businesses open to the public.
The law generally applies to businesses and organisations that provide goods or services to the public, including many for-profit and non-profit entities.
While the Americans with Disabilities Act (ADA) focuses on accessibility for individuals with disabilities, the Unruh Act offers broader protections covering multiple protected characteristics in public accommodations.
Victims may recover actual damages and, in many cases, statutory damages of at least $4,000 per violation, plus attorney’s fees. Courts may also grant injunctive relief to prevent further discrimination.
Generally, individuals must file a claim within two years of the discriminatory act, but consulting an attorney promptly is advised to preserve your rights.
Claims are typically filed in California civil court. Evidence of discrimination, documentation, and witness statements are important to support your case.
Businesses must provide equal service to all customers and cannot implement policies that discriminate against protected classes.
Proof may include eyewitness testimony, written communications, service records, or evidence showing unequal treatment based on a protected characteristic.
Remedies may include actual damages, statutory damages, injunctive relief to stop discriminatory practices, and attorney fees.
Courts continue to clarify the scope of the Unruh Act, including protections against digital discrimination, online platforms, and evolving public accommodation practices.
Any business open to the public, such as hotels, restaurants, retail stores, and service providers, must comply with the Unruh Act and provide equal access and treatment to all individuals.
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.
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Avloni Law is a boutique plaintiffs’ litigation law firm taking on the world’s largest corporations and entities and fighting for the rights of victims through employment litigation and more. We have a network of offices, including San Francisco, Los Angeles and San Jose, and our reach throughout California and the Bay Area is not limited to the cities where we maintain offices. If you are seeking a sex harassment, race discrimination, disability discrimination or a whistleblower attorney, reach out to us for a phone consultation.
