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
    • Ensure physical and digital accessibility by removing barriers that prevent individuals with disabilities from accessing services.
    • Provide auxiliary aids and services, such as braille menus, ASL interpreters, and captioning for videos.
    • Ensure new construction and renovations comply with the latest accessibility standards.
    • Modify policies and practices to prevent discrimination against individuals with disabilities.
    Specific Responsibilities for Website Owners
    • Ensure website and mobile app accessibility for individuals with disabilities.
    • Follow WCAG guidelines to meet accessibility standards.
    • Provide alternative text for images and multimedia content.
    • Enable keyboard navigation and avoid inaccessible design elements.
    Additional Requirements
    • Websites must meet WCAG compliance to ensure digital accessibility.
    • Provide captions and transcripts for audio and video content.
    • Ensure online forms are accessible, with clear labels and error identification.
    • Implement high-contrast text and resizable fonts for improved readability.
    Data Subject 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.
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