Businesses must comply with Unruh Civil Rights Act (California)

Who does the Unruh Act apply to?

In California, the Unruh Civil Rights Act, otherwise referred to as California Civil Code Section 51, is a law that protects individuals from business-based discrimination. Dating from 1959, the Unruh Act precedes the ADA. It concerns both public accommodations and housing, ensuring that all businesses in the state comply with anti-discrimination standards. Under the law, a business cannot discrimination based on age, color, disability, ancestry, national origin, religion, sexual orientation, race, sex. A business determined to be in violation of the law will face legal punishments and significant fines.

According to the Unruh Act, a plaintiff is permitted to file a lawsuit for financial damages, with a cap of four thousand dollars per violation. As opposed to the Americans with Disabilities Act (ADA), the Unruh Act tends to be biased in favor of disabled plaintiffs, as well as disability advocacy groups.

Under the Unruh Act, California businesses are required to offer complete and equal advantages, accommodations, services, and facilities in all industries and fields. Thus, the Act applies to the following categories of business:

• Restaurants
• Motels and hotels
• Theatres
• Beauty salons and barber shops
• Hospitals (both private and government)
• Retail establishments
• Public agencies
• Nonprofit organizations with business purposes
• Housing, including rental housing and economy housing

It should be noted that the Act does not apply to only the above-listed businesses. If in doubt, you should speak with our Unruh Civil Rights Act attorney about the businesses cited under the Unruh Act.

What is the Unruh Civil Rights Act and ADA?

The Americans with Disabilities Act and the Unruh Civil Rights Act share certain features.

• Californians with disabilities have benefitted greatly from both acts.
• Both acts are meant to eliminate discrimination by businesses.
• Both acts encourage companies to improve accessibility.

However, by closely examining both acts, you will discover major differences between the two. Some of these discrepancies include the following:

• The ADA focuses only on offering accessibility to disabled individuals while the Unruh Act pursues equality for everyone.
• The Unruh Act permits the plaintiff to ask for financial damages while the ADA permits them to pursue legal compensation.
• The ADA concerns all U.S. businesses, not just those in California. However, the Unruh Act only applies to businesses in California.

In court, the ADA may be considered connected to the Unruh Act. According to California’s Supreme Court, any breaches of the ADA automatically violate the Unruh Act as well. Separately, the court stated that the ADA covers internet content. That said, it is important to recall that every breach of the Unruh Act may not be automatically regarded as an ADA violation.

Is following WCAG a legal requirement?

The Unruh Civil Rights Act, similar to the ADA, was written and enacted before the Internet’s emergence. Due to this, there are no technical requirements for digital accessibility included in Section 51 of the California Civil Code. In recent years, there have been many Unruh lawsuits that also make reference to the Web Content Accessibility Guidelines (WCAG).

WCAG is internationally regarded as the digital accessibility standard. A website that complies with these guidelines is viewed as an accessible site for disabled users.

The WCAG applies specifically to the ADA, though Unruh Act plaintiffs may refer to WCAG breaches as proof. It has been cited in cases like Robles vs. Domino’s Pizza LLC and Thurston vs. Midvale Corporation.

What are the damages for the Unruh Act?

If a business in California engages in any form of discrimination, it may be treated as a breach of the Unruh Act. Notably, any ADA violation also counts as an Unruh Act violation.

Take a look at the following examples to get a better idea of Unruh Act breaches:

• A doctor declines to treat an individual with HIV or blood cancer.
• A hotel applies a $50 fee only to customers of a certain race.
• A restaurant does not reserve a table for a gay couple, but books that table for a heterosexual couple.
• A boutique does not welcome Asian people, only selling to Caucasian individuals.
• A hair salon makes men, women, and children pay different rates.
• People with visual disabilities are not permitted to view a particular website that others may access.
• A bar advertises discounts to women on weekends, but men are made to pay normal price.

Whether the discrimination is intentional or not, it still qualifies as a breach of the Unruh Act.

If the act is breached, what consequences can a business expect to face?

Unruh Act violations are considered unlawful, and a business can be fined for any violations. If a business is found to be guilty of a violation of the Unruh Act, they may face fines of up to four thousand dollars, not to mention legal expenses.

In addition to the economic damages listed above, a business that violates the Unruh Act may also endure public scrutiny. They may lose customers or clients to competitors and face reputational damage.

How to be in compliance with the Unruh Act?

All California businesses are required to meet the Unruh Act’s guidelines. In reality, it is not difficult to ensure your business is complaint with the law. To be complaint, a business should make sure it is compliant with the WCAG guidelines and the ADA requirements.

To ensure compliance with the Act, a business owner should follow these steps:

1. Provide everyone the same services: According to the Unruh Act, all customers should receive equal services. Discrimination based on age, color, ancestry, disability, race, religion, national origin, sexual orientation, and sex is prohibited. Services that should be offered on an equal basis include the following:

• • Discounts
  • Welcoming customers
  • Modes of communication
  • Shop accessibility

2. Make the company website accessible: Company websites should be accessible to everyone, including individuals with disabilities. To make a business website accessible, a business owner can take the following steps:

• • Use images and multimedia elements
  • Use anchor texts in web content
  • Make the website compatible for all kinds of screens
  • Use clear and short sentences for increased readability
  • Use headings and subheadings for better structure

3. Check compliance: Businesses should stay updated regarding any additions or changes to accessibility laws. Staying in the dark on such issues may encourage lawsuits, penalties, and legal fees. Ultimately, it is fairly easy to make a business Unruh-compliant. Not only does the Unruh Act allow a business to engage with more clients and customers, but it encourages a business to build a positive reputation.