WORKPLACE LAW - Employer in Monterey County

Question:

I recently received a notice from the California Department of Fair Employment & Housing (DFEH) that an Unruh Civil Rights Act claim has been filed against my business by one of my customers alleging discrimination based on race. I thought that the DFEH handled just employment and housing. I do not have any employees and I do not provide housing. Does the DFEH have jurisdiction over my business?

Answer:

The Unruh Civil Rights Act, California Civil Code sections 51 through 51.3, provides protection from discrimination by all business establishments in California. It is not limited to employers or businesses that provide housing. California Civil Code section 51(b) describes the protections found under the Unruh Civil Rights 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.

The language of the Unruh Civil Rights Act specifically outlaws discrimination based on sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status or sexual orientation. However, the California Supreme Court has held that protections under the Unruh Act are not necessarily restricted to these characteristics. The Act is meant to cover all arbitrary and intentional discrimination by business establishments on the basis of personal characteristics similar to those listed above.

  • The Unruh Civil Rights Act requires “Full and equal accommodations, advantages, facilities, privileges or services in all business establishments.” This includes but is not limited to:
    Hotels and Motels
    Non-Profit Organizations
    Restaurants
    Theaters
    Hospitals
    Barber and Beauty Shops
    Housing Accommodations
    Public Agencies
    Retail Establishments

The following examples represent potential violations of the Unruh Civil Rights Act. Other situations may also qualify as Unruh Act violations depending on the specific 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 patient who has been diagnosed as HIV positive.
  • 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 his service animal is not allowed in a store.

The remedies for a violation of the Unruh Civil Rights Act may include out-of-pocket expenses, cease and desist orders, damages for emotional distress, and exemplary damages. Court-ordered damages may include a maximum of three times amount of the victim’s actual damages.

Persons who believe they have experienced discrimination in violation of the Unruh Civil Rights Act may file a DFEH complaint. Complaints must be filed within one year of the alleged discrimination. The complaint process is initiated by a pre-complaint questionnaire. If the answers to the questionnaire indicate that the Unruh Civil Rights Act has been violated, a complaint will be issued and thereafter investigated by the DFEH. The DFEH is not an advocate for either the person complaining or the person complained against. The DFEH represents the state. The DFEH will, if possible, try to assist both parties to resolve the complaint. If a voluntary settlement cannot be reached, and there is sufficient evidence to establish a violation of the law, the DFEH may issue an accusation and litigate the case.

Alternatively, complaints alleging a violation of the Unruh Civil Rights Act may be filed directly in a court with jurisdiction over the matter. Persons wishing to file directly in court do not need to file a complaint with the DFEH.

For more information, contact the DFEH toll-free at (800) 884-1684 or (TTY) (800) 700-2320 to speak to a representative, or visit their Internet site at www.dfeh.ca.gov .
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