Code Details

Civil Code – CIV
DIVISION 1. PERSONS [38 – 86] (Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12.)
PART 2. PERSONAL RIGHTS [43 – 53.7] (Part 2 enacted 1872.)

Exact Statute Text

(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.

(Amended by Stats. 2024, Ch. 779, Sec. 2.5. (SB 1137) Effective January 1, 2025.)

Civil Code § 51 Summary

California Civil Code § 51, known as the Unruh Civil Rights Act, is a foundational anti-discrimination law that guarantees all persons within the state’s jurisdiction are “free and equal” and are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all “business establishments of every kind whatsoever.” This protection extends to a comprehensive list of personal characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, and immigration status.

The Act broadly defines these protected characteristics, for instance, including pregnancy, childbirth, gender identity, and gender expression under “sex,” and specific hairstyles like braids, locs, and twists under “race.” It also clarifies that discrimination can be based on a combination of characteristics, a perception of having a characteristic, or a perception of association with someone who has a characteristic.

While promoting equality, the Unruh Act does not create rights or privileges conditioned by other laws, nor does it require modifications to structures or facilities beyond what other laws (like the Americans with Disabilities Act) already mandate. In fact, a violation of the federal Americans with Disabilities Act is explicitly stated to also constitute a violation of the Unruh Act. The statute also clarifies that it does not require services or documents in languages other than English, unless otherwise mandated by law, and allows for federally required immigration status verification without constituting a violation.

Purpose of Civil Code § 51

The legislative purpose behind the Unruh Civil Rights Act is to prevent and deter arbitrary discrimination by business establishments in California. It ensures that all individuals, regardless of their protected characteristics, have equal access to the goods, services, and facilities offered by businesses operating within the state. This Act arose from a deep-seated commitment to eradicate societal discrimination, promoting principles of equality, dignity, and respect for all persons. It aims to ensure that no one is unjustly denied access or treated unfairly when seeking accommodations, services, or privileges from a business, thereby fostering a more inclusive and equitable society. By holding businesses accountable for discriminatory practices, the Unruh Act serves as a critical safeguard against prejudice and bigotry in the commercial sphere.

Real-World Example of Civil Code § 51

Imagine a family of four, including two young children, of Middle Eastern descent, visiting a popular amusement park in California. Upon attempting to purchase tickets, they are told by the ticket booth attendant that the park is “at capacity” and no more tickets are being sold, despite clearly seeing other families entering the park and no “sold out” signs. Moments later, a Caucasian family approaches the same booth and is immediately sold tickets and allowed entry.

The Middle Eastern family could potentially argue a violation of Civil Code § 51. The amusement park is a “business establishment,” and the family was denied “full and equal accommodations, advantages, facilities, privileges, or services” based on their perceived ancestry or national origin. This denial of service, if proven to be discriminatory and not based on legitimate, non-discriminatory reasons (like actual capacity), would constitute a violation of the Unruh Civil Rights Act.

Related Statutes

• Civil Code § 52 (Unruh Civil Rights Act: Damages; Attorney Fees): This is the direct companion statute to Civil Code § 51, outlining the remedies available for a violation of the Unruh Act, including actual damages, a penalty of at least $4,000, and attorney’s fees.
• Civil Code § 51.5 (Discrimination by Business Establishments): Expands on the general anti-discrimination principle, specifically prohibiting any business establishment from discriminating against, boycotting, blacklisting, or refusing to contract with any person based on protected characteristics.
• Civil Code § 51.6 (Gender Price Discrimination): Specifically prohibits businesses from discriminating against a person in the price charged for services of similar or like kind, based on a person’s gender.
• Civil Code § 54, 54.1, 54.3 (Accessibility for Individuals with Disabilities): These sections specifically address the rights of individuals with disabilities to full and equal access to public places, accommodations, housing, and transportation, often invoked alongside Unruh claims for disability-related discrimination.
• Government Code § 12926 and § 12926.1 (Definitions for FEHA): Civil Code § 51 explicitly references these sections for the definitions of “disability,” “medical condition,” and “sexual orientation,” highlighting the interconnectedness of California’s anti-discrimination laws, particularly with the Fair Employment and Housing Act (FEHA).
• Americans with Disabilities Act of 1990 (ADA) (Public Law 101-336): As noted in Civil Code § 51(f), a violation of the ADA also constitutes a violation of the Unruh Civil Rights Act, providing a strong state-level remedy for federal disability discrimination claims.

Case Law Interpreting Civil Code § 51

• *Isbister v. Boys’ Club of Santa Cruz, Inc.*, 40 Cal. 3d 72 (1985): This landmark case helped define what constitutes a “business establishment” under the Unruh Act, holding that even a non-profit organization like the Boys’ Club could be considered one, and thus subject to the Act’s prohibitions against discrimination based on sex.
• *Harris v. Capital Growth Investors XIV*, 52 Cal. 3d 1142 (1991): This case examined the scope of “arbitrary discrimination” under the Unruh Act, clarifying that the Act primarily covers discrimination based on the enumerated characteristics or characteristics “analogous” thereto, and does not provide a remedy for all forms of arbitrary business decisions.
• *Angelucci v. Century Supper Club*, 41 Cal. 4th 160 (2007): This case affirmed that the Unruh Act applies to discrimination based on a person’s association with individuals of a protected class, and also discrimination based on a perception that a person possesses one of the protected characteristics.
• *Koire v. Delta Air Lines, Inc.*, 40 Cal. 3d 398 (1985): This case established that gender-based pricing (e.g., “ladies’ night” discounts or different pricing for men’s vs. women’s haircuts) constitutes unlawful discrimination under the Unruh Act unless the pricing is based on a legitimate, non-discriminatory reason.
• *O’Connor v. Village Green Owners Association*, 33 Cal. 3d 790 (1983): This decision extended the definition of “business establishment” to include a homeowner’s association that governed a condominium complex, holding it could not enforce an age restriction that violated the Unruh Act.

Why Civil Code § 51 Matters in Personal Injury Litigation

The Unruh Civil Rights Act significantly impacts personal injury litigation by providing a distinct and powerful cause of action for individuals who suffer harm due to discrimination by a business establishment. While a typical personal injury claim focuses on physical or emotional harm caused by negligence or intentional acts, an Unruh claim layers on the additional injury of civil rights violation, often alongside or in the context of an incident that might also involve physical injury.

For plaintiffs, Civil Code § 51 is crucial for several reasons:

1. Expanded Damages: A successful Unruh claim allows for actual damages, which can include emotional distress, as well as a statutory penalty of at least $4,000, and treble actual damages (up to three times the actual harm suffered). This substantially increases the potential recovery beyond what might be available in a standard personal injury claim for physical injuries and pain and suffering alone.
2. Attorney’s Fees: The Act allows for the recovery of attorney’s fees, which is a powerful incentive for lawyers to take on these cases and helps ensure access to justice for victims of discrimination.
3. Proving Emotional Distress: Discrimination inherently causes emotional distress, humiliation, and indignity. The Unruh Act provides a direct legal framework to assert and recover damages for these non-economic harms, even in cases where physical injury is minimal or absent.
4. Basis for Duty/Causation: In some personal injury scenarios, a business’s discriminatory practice might directly lead to an injury. For example, if a business denies a person with a disability access (an Unruh violation via ADA) and that denial or lack of accommodation contributes to a fall or other physical harm, the Unruh violation could bolster the argument for breach of duty and causation.
5. Strategic Leverage: For victims of discrimination, adding an Unruh claim to a personal injury lawsuit significantly strengthens their bargaining position, motivating defendants to settle to avoid the statutory damages, attorney’s fees, and negative publicity associated with a civil rights violation.

For legal professionals, understanding Civil Code § 51 is essential to identify potential civil rights violations in their clients’ cases, ensuring they fully explore all available avenues for compensation and justice, and effectively advocating for those who have faced discrimination in California.