Unruh Civil Rights Act

Overview

The Unruh Civil Rights Act is a California state law that prohibits discrimination in public accommodations and commercial establishments, ensuring that individuals with disabilities receive equal access to facilities and services. Unlike the Americans with Disabilities Act (ADA), which is a federal law, the Unruh Act applies specifically to businesses operating within California. The Unruh Act incorporates protections under the ADA, meaning that a violation of the ADA also constitutes a violation of the Unruh Act. However, the Unruh Act prohibits broader discrimination beyond what the ADA covers.

Businesses must take proactive steps to ensure their physical locations, websites, and digital services comply with accessibility standards. Compliance includes ensuring that websites are accessible to individuals with disabilities by following the Web Content Accessibility Guidelines (WCAG) to provide equal online access.

Regulation Summary

Timeline

April 15, 1959 – Unruh Civil Rights Act enacted.
July 1, 1992 – Amendments expanded coverage to include protections against disability discrimination.
August 27, 2012 – California Supreme Court ruled that websites of businesses serving the public must comply with the Act.
January 1, 2025 – Amendments clarify requirements and expand enforcement mechanisms.

What Businesses Are Affected

All businesses operating in California, including:
- Retail stores, restaurants, hotels, and theaters.
- Healthcare providers, educational institutions, and service-based businesses.
- E-commerce and online platforms providing services to California residents.

Exemptions

Private clubs and religious organizations are exempt from compliance.
Certain small businesses may claim exemptions if compliance presents an undue burden.
Federal laws may override in specific cases where state law conflicts.

Responsibilities for Businesses

Remove physical and digital barriers to services.
Provide auxiliary aids such as braille menus, captions, or ASL interpretation.
Apply accessibility standards to renovations and new construction.
Follow WCAG 2.1 Level AA guidelines for websites and mobile apps.
Provide alternative text for images and multimedia.
Ensure keyboard navigation and screen reader compatibility.
Maintain high-contrast visual options and allow text resizing.
Ensure that forms include clear labels and real-time error feedback.
Offer users a way to report accessibility issues.

Specific Responsibilities for Website Owners

Implement WCAG 2.1 Level AA requirements.
Provide alternative text for images, icons, and graphics.
Enable full keyboard operability for all interactive elements.
Use semantic HTML for structure and headings.
Support screen readers and voice control tools.
Provide captions and transcripts for videos and audio content.
Use readable fonts, sufficient contrast, and allow users to resize text.

Additional Requirements

Follow ADA standards, as violations of the ADA also violate the Unruh Act.
Conduct accessibility reviews and audits for public-facing digital properties.
Train staff and developers on digital accessibility best practices.
Include a publicly available method for users to report barriers or request accommodations.

Individual Rights

Equal access to businesses and services.
Right to file lawsuits if denied equal access.
Compensation for damages if discrimination is proven.

Enforcement

Regulatory Authority: the California courts and the California Department of Fair Employment and Housing (DFEH).
Penalties:
- Minimum statutory damages of $4,000 per violation.
- Additional damages based on actual harm and court discretion.
Private lawsuits permitted, allowing individuals to take legal action against non-compliant businesses.