Unruh Civil Rights Act

The Unruh Civil Rights Act is a piece of California legislation that specifically outlaws discrimination based on sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation.^[1] This law applies to all businesses, including but not limited to hotels and motel, restaurants, theaters, hospitals, barber and beauty shops, housing accommodations, and retail establishments.^[2] This law was enacted in 1905. It was broadened substantially in 1959, and was named for the author of these changes, Jesse M. Unruh. The Unruh Civil Rights Act is codified at California Civil Code § 51.

Text of the Act

"All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, language spoken, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever."

Legal interpretation and effects

The California Supreme Court decided that the act outlaws sex-based prices at bars (ladies' nights): offering women a discount on drinks, but not offering the same discount to males. In Koire v Metro Car Wash, 40 Cal 3d 24, 219 Cal Rptr 133 (1985), the court held that such discounts constituted sex stereotyping prohibited by this Act.^[3]

California courts recently held that a private school's admissions office was not covered by the Act, because it was not a business. (A school had expelled 2 students who were perceived as bisexual.) "Although the fact the School is nonprofit is not controlling, this does mean it should not be deemed a business unless it has some significant resemblance to an ordinary for-profit business." Doe v. California Lutheran High School Ass’n, 170 Cal.App.4th 828 (2009).^[4] However, schools may be businesses for the purpose of the Act when they are engaging in commercial activities. "For example, the Court noted that the School would not be permitted to discriminate in its nonmember transactions, such as in the sale of football tickets, because of the Unruh Act. Thus, while private religious schools' admissions and disciplinary practices may not be subject to the Unruh Act, schools should be aware that other business transactions may still be."^[5]

Modifications

There was a proposed change S.B.242 that would have added use of language to the protected status. However, this bill was vetoed by Governor Arnold Schwarzenegger. ^[6]

See also

• Politics of California

References

• UNRUH ACT And RALPH ACT and Related Statutes
• California Department of Fair Employment and Housing Fact Sheet[1].

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