UNRUH CIVIL RIGHTS ACT Pamphlet

DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

PUBLIC ACCESS

DISCRIMINATION

AND CIVIL RIGHTS

THE FACTS

The Unruh Civil Rights Act provides protecon from

discriminaon by all business establishments in

California, including housing and public accommodaons.

The term “business establishments” may include

governmental and public enes as well.

WHAT DFEH DOES

The Department of Fair Employment and Housing

(DFEH) enforces this law by:

Invesgang harassment and

discriminaon complaints;

Assisng involved pares to voluntarily

resolve complaints;

Prosecung violaons of the law; and

Educang Californians about the Unruh

Act by providing wrien materials and

parcipang in seminars and conferences.

THE MISSION OF THE DEPARTMENT OF FAIR

EMPLOYMENT AND HOUSING IS TO PROTECT

THE PEOPLE OF CALIFORNIA FROM UNLAWFUL

DISCRIMINATION IN EMPLOYMENT, HOUSING AND

PUBLIC ACCOMMODATIONS, AND FROM THE

PERPETRATION OF ACTS OF HATE VIOLENCE AND

HUMAN TRAFFICKING.

FOR MORE INFORMATION

Department of Fair Employment and Housing

Toll Free: (800) 884-1684

TTY: (800) 700-2320

Online: www.dfeh.ca.gov

Also nd us on:

If you have a disability that prevents you from

subming a wrien intake form on-line, by mail,

or email, the DFEH can assist you by scribing your

intake by phone or, for individuals who are Deaf or

Hard of Hearing or have speech disabilies, through

the California Relay Service (711), or call us through

your VRS at (800) 884-1684 (voice).

To schedule an appointment, contact

the Communicaon Center at

(800) 884-1684 (voice or via relay operator 711)

or (800) 700-2320 (TTY)

or by email at contact.cent[email protected].

DFEH is commied to providing access to our materials in an

alternave format as a reasonable accommodaon

for people with disabilies when requested.

Contact DFEH at (800) 884-1684 (voice or via

relay operator 711), TTY (800) 700-2320, or

contact.cent[email protected] to discuss your preferred

format to access our materials or webpages.

DFEH-U02B-ENG / April 2019

COMPLAINTS MUST BE FILED WITHIN ONE

YEAR OF THE LAST ACT OF DISCRIMINATION

FILING A COMPLAINT

If you believe you are a vicm of illegal

discriminaon, you can le a complaint with

DFEH by following these steps:

Contact DFEH by using the informaon on

the back of this brochure

Be prepared to present specic facts about

the alleged discriminaon or harassment

Provide copies of documents that support

the charges in the complaint

Keep records and documents about the

incident(s), such as receipts, stubs, bills,

applicaons, and other materials

DFEH will conduct an imparal invesgaon.

We represent the State of California. DFEH will,

if possible, try to assist both pares to resolve

the complaint.

If a voluntary selement cannot be reached, and

there is sucient evidence to establish a violaon

of the law, DFEH may ligate the case in civil court.

If a court decides in favor of the complaining party,

remedies may include out-of-pocket expenses,

cease and desist orders, damages for emoonal

distress, statutory damages, aorney’s fees and

costs, and punive damages. Court-ordered

damages may include a maximum of three mes

the amount of the complainant’s actual damages.

Individuals wishing to le directly in court may do

so without contacng DFEH.

PROTECTIONS

UNDER THE LAW

The language of the Unruh Civil Rights Act specically

outlaws discriminaon in housing and public

accommodaons based on sex, race, color, religion,

ancestry, naonal origin, disability, medical condion,

genec informaon, marital status, sexual orientaon,

cizenship, primary language, or immigraon status.

However, the California Supreme Court has held that

protecons under the Unruh Act are not necessarily

restricted to these characteriscs. The Act is meant

to cover

all

arbitrary and intenonal discriminaon

by a business establishment on the basis of personal

characteriscs similar to those listed above.

The law also protects the rights of individuals

with disabilies to use streets, highways, and other

public places; public conveyances; places of public

accommodaon, amusement or resort, and housing

accommodaons; and guide, signal, or service

animals or alternave accommodaons for

persons with disabilies.

The law clearly disnguishes between the right of

a business to refuse service based on conduct as

opposed to personal characteriscs. The misconduct

or disrupve behavior of parcular individuals may

be grounds for refusing to do business with them or

denying them services.

THE UNRUH CIVIL RIGHTS ACT

PROVIDES PROTECTION FROM

DISCRIMINATION BY ALL BUSINESS

ESTABLISHMENTS IN CALIFORNIA

BUSINESSES COVERED

UNDER THE LAW

The Unruh Civil Rights Act requires “[f]ull and equal

accommodaons, advantages, facilies, privileges or

services in all business establishments.” This includes, but

is not limited to, the following places:

Hotels and motels

Nonprot organizaons that have a business

purpose or are a public accommodaon

Restaurants

Theaters

Hospitals

Barber shops and beauty salons

Housing accommodaons

Public agencies

Retail establishments

SENIOR HOUSING

The Unruh Civil Rights Act also contains provisions

regulang the establishment of specialized housing

designed to meet the physical and/or social needs

of senior cizens.

Housing that meets these requirements is exempt

from the familial status and age provisions of

the Fair Employment and Housing Act and may,

therefore, legally exclude households with children.

Similar provisions are provided for senior cizen

mobile home parks under federal fair housing laws.

EXAMPLES OF

UNRUH ACT VIOLATIONS

The following examples represent potenal violaons

of the Unruh Civil Rights Act. Other situaons may

also qualify as Unruh Act violaons depending on the

specic circumstances.

A hotel charges a $100 service fee only to

guests of a certain racial group but not to

other guests of the hotel

A doctor refuses to treat a paent who has

been diagnosed as HIV posive

A same-sex couple is denied a table at a

restaurant even though there are vacant

tables available and other customers are

seated immediately

A visually impaired individual is told

their service animal is not allowed in

a store

Charging men and women dierent prices

for comparable services, such as clothing

alteraons, haircuts, dry cleaning, or drinks

at a restaurant or bar

Promong a business with “ladies night”

discounts on admission and services