The Unruh Civil Rights Act

The Unruh Civil Rights Act (California Civil Code Section 51) is a California law that prohibits businesses from discriminating against individuals based on certain protected characteristics, including disability. It empowers people with disabilities to challenge discriminatory practices in business establishments. Businesses that fail to comply may face lawsuits, fines, and other penalties.

Courts have interpreted the Unruh Civil Rights Act to apply not only to physical locations, but also to websites and mobile applications, treating them as business establishments under the law. While the statute itself does not explicitly mandate digital accessibility, case law has increasingly recognized digital platforms within its scope.

A business may be found in violation of the Act if its digital assets are not accessible to individuals with disabilities, even if the discrimination is unintentional. Inaccessibility alone can expose businesses to legal risk.

Businesses that intentionally target or serve California consumers—through marketing efforts, substantial commercial activity, or maintaining a significant presence in the state—are generally considered subject to the Unruh Act. However, not every out-of-state business that interacts with California residents is automatically bound by the law. Courts assess the extent and nature of the business’s connection to California, and the level of engagement with customers in the state is a key factor in determining the Act’s applicability.

Establishments that must comply with the Unruh Act include:

• Hotels, restaurants, and stores
• Theaters, hospitals, and schools
• Professional services like law firms and medical offices

While California’s Unruh Civil Rights Act is a state law, a violation of the Americans with Disabilities Act (ADA)—a federal law—is also considered to be a violation of the Unruh Civil Rights Act.

If your website, app, or other digital content violates the ADA, you’re not just at risk of federal action—you could also be held liable under the Unruh Act. This dual exposure raises the stakes for digital accessibility in California.

Failing to comply with the Unruh Act can expose your businesses to serious legal and financial consequences, including:

• Statutory damages: The law sets a minimum penalty of $4,000 for each act of discrimination—or for every day that discrimination continues.

• Actual damages: Individuals who experience discrimination can seek compensation for their actual losses (such as monetary losses) or harm (such as physical harm or emotional distress suffered as a result of the violation).

• Attorney’s fees: An individual is entitled to recover attorney’s fees, ensuring legal costs don’t deter people from pursuing valid claims.

The Unruh Civil Rights Act is broad in scope, covering most business establishments that serve the public in California. However, there are a few important situations where it may not apply:

1. Private membership clubs: If an organization is truly private—meaning it has a selective membership process, limits access to members only and does not broadly serve the public—it may fall outside the scope of the Act.

2. Entities not deemed business establishments: The Unruh Act is specifically aimed at business establishments. Religious institutions and some nonprofits, for example, may avoid classification as business establishments if they don’t offer services or goods to the general public in a commercial manner. However, if a nonprofit or religious entity hosts events or offers services open to the public, it may be subject to the Act for those activities.

Although some businesses may be exempt from the Unruh Act’s requirements, it is still best practice to conform with accessibility standards. Doing so will help protect your business from legal risks as laws evolve. An accessibility expert can clarify the Unruh Act’s nuances and support your efforts to provide accessible digital experiences for all your customers.

To ensure compliance with the Unruh Civil Rights Act—and mitigate legal risks—businesses operating in California should aim to conform with the Web Content Accessibility Guidelines (WCAG).

WCAG is a set of technical standards that are consistently referenced as the benchmark for digital accessibility. These standards are based on four core principles and support three levels of conformance: A (minimum), AA (intermediate), and AAA (maximum). Businesses should aim to conform with WCAG 2.1 Level AA to satisfy the requirements of the Unruh Act, as well as the ADA and many other U.S. and international regulations.

As a recognized leader in digital accessibility, Level Access provides organizations with the essential tools and expert support they need to comply with laws like the Unruh Civil Rights Act.

Our comprehensive platform combines advanced software with managed services, making it simpler to align with WCAG and fulfill the Unruh Civil Rights Act and ADA requirements. By reducing legal risks and making your digital experiences accessible to everyone, your business can create a more inclusive and equitable space for all customers.