Answer FileCivil Rights

What damages does California's Unruh Act provide for discrimination?

The answer, cited

The Unruh Civil Rights Act guarantees full and equal accommodations in every California business establishment (Civil Code section 51), and section 52 supplies the remedies: actual damages up to treble, a statutory minimum of $4,000 per violation with no proof of out-of-pocket loss required, and attorney fees. Any ADA violation is automatically an Unruh violation.

A statutory minimum of $4,000 per violation — plus actual damages up to treble, and attorney fees. The Unruh Civil Rights Act (Civil Code section 51) guarantees full and equal accommodations in every California business establishment regardless of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status — a list courts have read to bar all arbitrary discrimination. Section 52 supplies the remedies: actual damages, up to three times actual damages but never less than $4,000 per offense, and attorney fees, without any requirement of proving out-of-pocket loss. Two force multipliers: any violation of the federal ADA is automatically an Unruh violation (section 51(f)), which is how inaccessible businesses incur the $4,000 minimum per encounter, and the companion Ralph Act (section 51.7) addresses violence or threats, with its own penalties. Claims may also be filed with the Civil Rights Department, which can pursue relief administratively.

Authority: Cal. Civ. Code §§ 51–52

Source: Cal. Civ. Code §§ 51–52 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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