What is the Unruh Civil Rights Act in California?
The Unruh Civil Rights Act, enacted in 1959, prohibits California businesses from discriminating against individuals based on sex, race, age, disability, religion, sexual orientation, marital status, ancestry, national origin, immigration status, genetic information, medical condition, language, or citizenship. However, protections under Unruh are not limited to these characteristics.
How Does the Unruh Act Protect Against Discrimination?
The Unruh Act covers both intentional and unintentional discrimination by businesses based on protected personal characteristics. It requires all California businesses, including housing and public accommodations, to provide equal access to their facilities and services. The law also distinguishes between a business refusing service based on an individual’s conduct versus personal characteristics.
Unruh Act Protections for Independent Contractors
While employees are protected from discrimination by the FEHA (Fair Employment and Housing Act), independent contractors do not have the same protections. However, the Unruh Act has been used to provide discrimination protection in business relationships for independent contractors. It’s important to note that the Unruh Act does not apply to employee-employer relationships.
Applicability to Web-Based Businesses and ADA Compliance
The Unruh Civil Rights Act applies to all businesses operating in California, including web-only businesses. Additionally, any violation of the Americans with Disabilities Act (ADA) is also considered a violation of the Unruh Act, as amended by the California legislature.
Examples of Unruh Act Violations
- Charging men and women different prices for comparable services at a salon.
- Promoting “ladies’ night” discounts that provide women with discounted services.
- Denying same-sex couples seating in a restaurant.
- A doctor denying treatment to an HIV-positive person.
- Failing to provide wheelchair access.
- Preventing a person who is blind from bringing a service animal into an establishment.
- Failing to provide accessibility on a website.
Remedies Available Under the Unruh Act
Under the Unruh Act, a plaintiff can collect up to 3 times actual damages with no less than $4,000 per offense, as well as attorney’s fees and costs.
At TONG LAW, our experienced attorneys will advocate for your rights and ensure that businesses comply with the Unruh Act.
Author Bio
Vincent Tong is the CEO and Managing Partner of TONG LAW, a business and employment law firm located in Oakland, CA. Vincent is a fierce advocate for employees facing discrimination and wrongful termination. With several successful jury trial victories and favorable settlements, he has earned a strong reputation for delivering exceptional results for his clients.
In addition, Vincent provides invaluable counsel to businesses, guiding them on critical matters such as formation and governance, regulatory compliance, and protection of intellectual property assets. His depth of experience allows him to anticipate risks, devise strategies to avoid legal pitfalls, and empower clients to pursue their goals confidently.
Vincent currently serves as the 2021 President of the Board of Directors for the Alameda County Bar Association and sits on the Executive Board for the California Employment Lawyers Association. Recognized for outstanding skills and client dedication, he has consecutively earned the Super Lawyers’ Rising Star honor since 2015, reserved for the top 2.5% of attorneys. He also received the Distinguished Service Award for New Attorney from the Alameda County Bar Association in 2016. He is licensed to practice before all California state courts and the United States District Court for the Northern and Central Districts of California.