The Unruh Civil Rights Act, codified as California Civil Code Section 51, is a California state law that prohibits discrimination by businesses based on various protected characteristics. It ensures that all individuals are entitled to “full and equal accommodations, advantages, facilities, privileges, or services in all business establishments”.
Key aspects of the Unruh Civil Rights Act:
- Scope of protection:The Act applies to all business establishments in California, including those operating online, and protects against discrimination based on age, ancestry, color, disability, national origin, race, religion, sex, and sexual orientation.
- Discrimination prohibited:It prevents businesses from discriminating against individuals based on these protected characteristics in the provision of services, accommodations, or facilities.
- Examples of violations:The California Civil Rights Department (CRD) lists examples of potential violations including charging different service fees based on race, refusing service to individuals with HIV, or denying a table to a same-sex couple.
- Damages for violations:Violations of the Act can result in statutory damages of at least $4,000 per occurrence, actual damages for losses suffered, and attorney’s fees for the prevailing party.
- Statute of limitations:Claims under the Unruh Act must be filed within two years of the discriminatory act if pursuing the claim in court, or within one year if filing with the California Civil Rights Department (CRD).
- Relationship to the ADA:The Unruh Act is broader than the federal Americans with Disabilities Act (ADA) in its application to business establishments, but the ADA also plays a significant role in protecting the rights of individuals with disabilities in California.
Civil Code – CIV
DIVISION 1. PERSONS [38 – 86]
PART 2. PERSONAL RIGHTS [43 – 53.7]
51.
(a) This section shall be known, and may be cited, as the Unruh Civil Rights Act.
(b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
(c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.
(d) Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
(e) For purposes of this section:
(1) “Disability” means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.
(2) (A) “Genetic information” means, with respect to any individual, information about any of the following:
(i) The individual’s genetic tests.
(ii) The genetic tests of family members of the individual.
(iii) The manifestation of a disease or disorder in family members of the individual.
(B) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(C) “Genetic information” does not include information about the sex or age of any individual.
(3) “Medical condition” has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.
(4) “Race” is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. “Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locs, and twists.
(5) “Religion” includes all aspects of religious belief, observance, and practice.
(6) “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.
(7) “Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status” includes any of the following:
(A) Any combination of those characteristics.
(B) A perception that the person has any particular characteristic or characteristics within the listed categories or any combination of those characteristics.
(C) A perception that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics, or any combination of characteristics, within the listed categories.
(8) “Sexual orientation” has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(f) A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.
(g) Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.
(h) Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.(Amended by Stats. 2024, Ch. 779, Sec. 2.5. (SB 1137) Effective January 1, 2025.)