(a)This section shall be known, and may be cited, as the Unruh Civil Rights Act.
(b)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, genetic information, marital status, sexual orientation, citizenship, primary language, or
immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
(c)This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.
(d)Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment,
facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
(e)For purposes of this section:
(1)“Disability” means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.
(2)(A)“Genetic information” means, with respect to any individual, information about any of the following:
(i)The individual’s genetic tests.
(ii)The genetic tests of family members of the
individual.
(iii)The manifestation of a disease or disorder in family members of the individual.
(B)“Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(C)“Genetic information” does not include information about the sex or age of any individual.
(3)“Medical condition” has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.
(4)“Race” is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. “Protective hairstyles” includes, but is not
limited to, such hairstyles as braids, locs, and twists.
(5)“Religion” includes all aspects of religious belief, observance, and practice.
(6)“Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.
(7)“Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status” includes any of the following:
(A)Any combination of those characteristics.
(B)A perception that the person has any particular characteristic or characteristics within the listed categories or any combination of those characteristics.
(C)A perception that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics, or any combination of characteristics, within the listed categories.
(8)“Sexual orientation” has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(f)A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of
this section.
(g)Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.
(h)Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.
Notes of Decisions
Rafael Arroyo, Jr. v. Carmen Rosas, 19 F.4th 1202 (9th Cir. 2021).
· cites it 4× “, and California’s Unruh Civil Rights Act (“Unruh Act”), CAL. CIV. CODE § 51. The district court granted summary judgment to Arroyo on his ADA claim, concluding that the undisputed evidence established all of the elements of that claim.”
Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116 (9th Cir. 2008).
· cites it 6× “§ 1981 ; (2) racial and sexual orientation discrimination in violation of California Civil Code § 51 (the “Unruh Civil Rights Act claim”) and § 51.”
Smith v. Fair Emp. & Hous. Comm'n, 913 P.2d 909 (Cal. 1996).
· cites it 16× “(a)) and the Unruh Civil Rights Act (Civ. Code, § 51) do not prohibit discrimination against unmarried couples; second, to require her to rent to an unmarried couple over her religious objections would violate the free exercise clauses of the federal and state Constitutions.”
Curran v. Mount Diablo Council of Boy Scouts of Am., 952 P.2d 218 (Cal. 1998).
· cites it 18× “, "all business establishments of every kind whatsoever" covered by California's public accommodation statute (Civ. Code, § 51, commonly known as the Unruh Civil Rights Act)? [1] Second, if defendant's membership decisions are subject to the Unruh Civil Rights Act, would…”
O'CONNOR v. Vill. Green Owners Assn., 662 P.2d 427 (Cal. 1983).
· cites it 12× “It was built in 1942 and was operated as an apartment complex until 1973 when it was converted to a condominium development.”
Schutza v. Cuddeback, 262 F. Supp. 3d 1025 (S.D. Cal. 2017).
· cites it 2× “” Cal. Civ. Code § 51 (b). The Unruh Act also provides that a violation of the federal ADA constitutes a violation of § 51 of the Unruh Act.”
Bates v. United Parcel Serv., Inc., 511 F.3d 974 (9th Cir. 2007).
· cites it 4× “A class of hearing-impaired UPS employees and applicants who cannot meet the DOT hearing requirement challenges UPS's policy under Title I of the ADA, 42 U.”
North Coast Women's Care Med. Grp., Inc. v. Superior Court, 189 P.3d 959 (Cal. 2008).
· cites it 9× “Do the rights of religious freedom and free speech, as guaranteed in both the federal and the California Constitutions, exempt a medical clime’s physicians from complying with the Unruh Civil Rights Act’s (Civ. Code, § 51) prohibition against discrimination based on a person’s…”
Stamps v. Superior Court, 2006 Cal. Daily Op. Serv. 1672 (Cal. Ct. App. 2006).
· cites it 8× “7 to be a ‘component’ of the earlier-enacted Unruh Civil Rights Act, Cal. Civ. Code § 51 . See Long v. Valentino, 216 Cal.”
Marina Point, Ltd. v. Wolfson, 640 P.2d 115 (Cal. 1982).
· cites it 6× “The tenants now appeal from the judgment in favor of the landlord, contending that the exclusionary policy violates their statutory rights under the Unruh Civil Rights Act (Civ. Code, § 51 et seq.) and the California Fair Housing Law (Health & Saf.”
Koebke v. Bernardo Heights Country Club, 115 P.3d 1212 (Cal. 2005).
· cites it 6× “The Unruh Act Civil Code section 51, subdivision (b) states: "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, or medical condition are entitled to the full and equal…”
— Cal. Civil Code § 51(a) — 2 cases
— Cal. Civil Code § 51(b) — 69 cases
Rafael Arroyo, Jr. v. Carmen Rosas, 19 F.4th 1202 (9th Cir. 2021).
“, and California’s Unruh Civil Rights Act (“Unruh Act”), CAL. CIV. CODE § 51. The district court granted summary judgment to Arroyo on his ADA claim, concluding that the undisputed evidence established all of the elements of that claim.”
Bates v. United Parcel Serv., Inc., 511 F.3d 974 (9th Cir. 2007).
“A class of hearing-impaired UPS employees and applicants who cannot meet the DOT hearing requirement challenges UPS's policy under Title I of the ADA, 42 U.”
Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116 (9th Cir. 2008).
“§ 1981 ; (2) racial and sexual orientation discrimination in violation of California Civil Code § 51 (the “Unruh Civil Rights Act claim”) and § 51.”
— Cal. Civil Code § 51(c) — 2 cases
— Cal. Civil Code § 51(d) — 2 cases
— Cal. Civil Code § 51(e)(5) — 2 cases
— Cal. Civil Code § 51(e)(l) — 1 case
— Cal. Civil Code § 51(f) — 89 cases
Rafael Arroyo, Jr. v. Carmen Rosas, 19 F.4th 1202 (9th Cir. 2021).
“, and California’s Unruh Civil Rights Act (“Unruh Act”), CAL. CIV. CODE § 51. The district court granted summary judgment to Arroyo on his ADA claim, concluding that the undisputed evidence established all of the elements of that claim.”
Annotations are extracted automatically from the opinions in the
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