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    What if a store discriminates against me? What are my rights as a customer?

    The Unruh Civil Rights Act, commonly known as the Unruh Act, is a landmark piece of legislation in California that aims to protect individuals from discrimination by businesses. Enacted in 1959, the Unruh Act ensures that all persons within California are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, regardless of their personal characteristics.

    Key Provisions of the Unruh Act

    The Unruh Civil Rights Act is codified in California Civil Code Section 51. The act broadly prohibits discrimination by all business establishments in California, including but not limited to hotels, restaurants, theaters, hospitals, barber shops, housing accommodations, and retail stores. The law states:

    “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”

    Prohibited Discriminatory Practices

    The Unruh Act covers a wide range of discriminatory practices. Here are some key examples:

    Businesses cannot deny services or provide different services based on a person’s sex, including gender identity and expression.

    Discrimination based on race or color is strictly prohibited. This includes any form of racial segregation or exclusion.

    Businesses must provide equal services regardless of an individual’s religious beliefs or practices.

    Discrimination based on a person’s ancestry or country of origin is not allowed.

    Businesses must accommodate individuals with disabilities and cannot deny services based on physical or mental disabilities.

    Discrimination based on medical conditions or genetic information is prohibited.

    Businesses cannot discriminate against individuals based on their marital status or sexual orientation.

    Discrimination based on a person’s citizenship or immigration status is also prohibited.

    For example a bar may have a promotion where on Mondays women get drinks half off. This may not seem like discrimination. It just seems like a special promotion to get woman to come to the bar. However, this in fact is discriminating against men because they are not afforded equal accommodations and privileges. They are denied special pricing solely because of their sex. This would be a violation of the Unruh Act.

    Other examples could include a doctor failing to treat a patient who was diagnosed as HIV positive. Or a visually impaired person being told their service animal is not permitted in a store. The law has far reaching affects and is meant to prevent all arbitrary and intentional acts of discrimination based on personal characteristics by businesses. It should be noted that the law does not protect against misconduct. In other words, inappropriate, rude, disruptive and harmful behavior by an individual can be grounds for a business to refuse that individual service.

    Your Rights Under the Unruh Act

    If you experience discrimination by a business in California, the Unruh Act provides several important rights and remedies:

    You have the right to receive the same services, accommodations, and treatment as any other customer, regardless of your personal characteristics.

    You have the right to file a lawsuit against the business in state court. This can be done individually or as part of a class action if multiple people have experienced similar discrimination.

    If you win your lawsuit, you may be entitled to actual damages, which compensate you for any financial losses or emotional distress caused by the discrimination. In some cases, you may also be awarded punitive damages, which are intended to punish the business and deter future discrimination.

    The court may issue an injunction requiring the business to stop its discriminatory practices and take corrective action.

    If you prevail in your lawsuit, the Unruh Act allows you to recover your attorney’s fees and court costs, making it more feasible to pursue legal action.

    Our Firm’s Commitment to Protecting Your Rights

    At Assassi & Cruz, we are dedicated to protecting the rights of individuals who have experienced discrimination by businesses. Our team of experienced attorneys has a deep understanding of the Unruh Act and a proven track record of successfully representing clients in discrimination cases.

    We are committed to advocating for individuals and ensuring that businesses are held accountable for their actions. Our expertise, dedication, and successful track record make us a trusted ally for individuals seeking justice and compensation. If you need assistance with a discrimination issue, we encourage you to contact us for a comprehensive evaluation of your case. Together, we can ensure that your rights are protected and that justice is served.

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