Unruh Civil Rights Act
Encyclopedia
The Unruh Civil Rights Act is a piece of California
legislation that specifically outlaws discrimination
based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation. 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. This law was enacted in 1959, and was named for the author Jesse M. Unruh. The Unruh Civil Rights Act is codified as California Civil Code section 51.
s): offering women a discount on drinks, but not offering the same discount to males. In Koire v Metro Car Wash (1985) 40 Cal 3d 24, 219 Cal Rptr 133, the court held that such discounts constituted sex stereotyping prohibited by this Act.
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). 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."
that would have added use of language to the protected status. However, this bill was vetoed by Governor Arnold Schwarzenegger.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
legislation that specifically outlaws discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation. 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. This law was enacted in 1959, and was named for the author Jesse M. Unruh. The Unruh Civil Rights Act is codified as California Civil Code section 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, 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' nightLadies' night
A ladies' night is a promotional event, often at a bar or nightclub, where female patrons pay less than male patrons for the cover charge or drinks. State courts in California, Maryland, Pennsylvania and Wisconsin have ruled that ladies' night discounts are unlawful gender discrimination under...
s): offering women a discount on drinks, but not offering the same discount to males. In Koire v Metro Car Wash (1985) 40 Cal 3d 24, 219 Cal Rptr 133, the court held that such discounts constituted sex stereotyping prohibited by this Act.
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). 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."
Modifications
There was a proposed change S.B.242S.B.242
SB 242 is a bill which was proposed in the California Senate February 24, 2009 by Senator Leland Yee , as a modification of the Unruh Civil Rights Act in California.It was approved by Committee in March, 2009....
that would have added use of language to the protected status. However, this bill was vetoed by Governor Arnold Schwarzenegger.