Unruh Civil Rights Act: Difference between revisions
Cybercobra (talk | contribs) →Legal Interpretation: retitle |
69.230.210.113 (talk) No edit summary |
||
| Line 1: | Line 1: | ||
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<ref>[http://www.dfeh.ca.gov/about/filebin/UNRUHRALPH_Doc.pdf UNRUH ACT And RALPH ACT]</ref> |
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<ref>[http://www.dfeh.ca.gov/about/filebin/UNRUHRALPH_Doc.pdf UNRUH ACT And RALPH ACT]</ref> |
||
. 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.<ref>{{cite web | url=http://www.google.com/url?sa=t&source=web&ct=res&cd=1&url=http%3A%2F%2Fwww.dfeh.ca.gov%2Fpublications%2Fpublications.aspx%3FshowPub%3D36&ei=sz_uSMCwJYG0sAPj6636Aw&usg=AFQjCNElXS0Edpy17cBgSj3I0ICWxkjRFA&sig2=qtJ7XGKTUt75PGz73rFofA | title=General Information about the Unruh Civil Rights Act | publisher=California Department of Fair Deployment & Housing}}</ref> |
. 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.<ref>{{cite web | url=http://www.google.com/url?sa=t&source=web&ct=res&cd=1&url=http%3A%2F%2Fwww.dfeh.ca.gov%2Fpublications%2Fpublications.aspx%3FshowPub%3D36&ei=sz_uSMCwJYG0sAPj6636Aw&usg=AFQjCNElXS0Edpy17cBgSj3I0ICWxkjRFA&sig2=qtJ7XGKTUt75PGz73rFofA | title=General Information about the Unruh Civil Rights Act | publisher=California Department of Fair Deployment & Housing}}</ref> The Unruh act is codified in Section 51 of the California Civil Code and is named for its author, [[Jesse M. Unruh]]. |
||
==Text of the Act== |
==Text of the Act== |
||
Revision as of 20:47, 20 October 2009
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] The Unruh act is codified in Section 51 of the California Civil Code and is named for its author, Jesse M. Unruh.
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 3d24, 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, No. E044811, 2009 Cal. App. LEXIS 89, at *19 (Cal. App. 4th Jan. 26, 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."[4]
Modifications
There is a proposed change S.B.242 that would add use of language to the protected status.
See also
References
- ^ UNRUH ACT And RALPH ACT
- ^ "General Information about the Unruh Civil Rights Act". California Department of Fair Deployment & Housing.
- ^ Sherry, John E.H. "Sex-based price discrimination: does it violate civil rights laws?". Retrieved 12 February 2009.
- ^ Liebert, Cassidy, Witmore Legal. "California Court of Appeal Has Ruled That Private Religious School Is Not A Business Establishment Subject To The Unruh Act And Therefore Was Permitted To Discriminate Against Students Based On Perceived Sexual Orientation" (PDF). Retrieved 11 June 2009.
{{cite web}}: CS1 maint: multiple names: authors list (link)
- UNRUH ACT And RALPH ACT and Related Statutes
- California Department of Fair Employment and Housing Fact Sheet[1].