Exemptions from the California Unruh Civil Rights Act

The California Unruh Act is one of the more critical pieces of anti-discriminatory legislation in the United States.

Enacted in 1959 and championed by former senator Jesse M. Unruh, the California Unruh Act established a scope of protections to ensure full access to public goods and services based on protected characteristics, including age, ancestry, religion, sex, race, genetic information, disability,  sexual orientation,  national origin, and medical condition.

Today, the California Unruh Act and the California Supreme Court are some of the state’s strongest enforcers of inclusivity rights, eliminating discrimination in a wide range of settings, including retail establishments, websites, and transportation centers.

Please keep reading to learn more about the California Unruh Civil Rights Act’s provisions, their impact on accessibility, and common misconceptions to be aware of.

Explanation of the Unruh Act Exemptions

While the Unruh Act ensures freedom from discriminatory practices for all protected classes, some exceptions allow certain business establishments and organizations to forgo its provisions.

For instance, churches and synagogues may be exempt from fair employment and housing laws, as shown in the Warfield v. Peninsula Golf & Country Club (1995) case, which permitted the facility to restrict membership based on marital status due to its religious beliefs.

Other exemptions under the Unruh Civil Rights Act law pertain to private clubs. They can be excluded from the Act’s anti-discrimination provisions if they demonstrate that specific membership criteria are essential for their operation. One notable case illustrating this is Rotary Club of Duarte v. Duarte (1987), which granted an exemption excluding women from becoming Rotary International members, as the organization argued that recruiting members based on employment or professional status warranted an exemption.

The Unruh Civil Rights Act acknowledges that certain organizations, clubs, and private establishments have legitimate reasons for engaging in somewhat exclusive practices, skipping accessibility regulations in the state of California. 

For example, religious centers such as churches and synagogues may believe they should operate without interference from state or federal governments if they have issues with how the Unruh Act applies to them. 

The same principle applies to housing accommodations. For instance, dedicated 55+ retirement communities have strict membership criteria that exclude a younger person from joining or using its facilities, which is not a sign of discrimination per California courts. 

Overall, exemptions for compliance with the Unruh Act are designed to protect the rights of all protected classes while recognizing the needs of private organizations.

Understanding the Impact of Exemptions on Accessibility

Exemptions from the Unruh Act have a big impact on accessibility. However, ensuring the state of California has equal accommodations for all individuals has proven challenging due to various legal frameworks that include exceptions in specific circumstances.

One example is the Americans with Disabilities Act (ADA), originally enacted to greatly expand mobility and access to public and private buildings. It often requires establishments to meet accessibility standards by providing wider entryways, a designated number of parking spots, and other modifications. However, older buildings lacking the proper structure or financial resources for costly modifications can seek exemptions to ADA-compliance in California. 

Another impact of exemptions relates to digital accessibility barriers. Some small business establishments and nonprofit organizations may overlook accessibility considerations due to increased costs and lack of knowledge about best practices outlined in the Web Content Accessibility Guidelines (WCAG), such as engaging with assistive devices, implementing semantic HTML, adjusting contrast settings, and other features that aid those with a disability. 

A significant case challenging exemptions was National Federation of the Blind v. Scribd Inc. (2015), where the National Federation of the Blind sued the digital publishing platform Scribd for poor website and mobile app layouts. Scribd defended itself by claiming it was not required to adhere to ADA Title III requirements. However, the court ruled in favor of the National Federation of the Blind, highlighting the importance of digital accessibility.

In summary, exemptions within the accessibility clauses of the California Unruh Act apply to the specific needs of private, club-based, and religious organizations.

Common Misconceptions About Unruh Civil Rights Act Exemptions

Two common misconceptions about exceptions from the California Unruh Act involve discrimination based on protected characteristics and the belief that all entities are exempt.

Both notions are far from accurate. Certain exceptions allow discretion based on protected characteristics if religious, private, and immigration status centers can prove that membership requirements operate within their best interests.

Not all entities are exempt from the California Unruh Act. Churches, synagogues, private clubs, and specific private organizations are exempt due to their adherence to membership requirements. For example, a 55+ retirement community may require members to be 55 or older, which doesn’t matter or hold grounds for discrimination or a violation of civil rights in the eyes of California courts.

Tips and Best Practices for Businesses to Ensure Accessibility Regardless of Exemptions

Despite exemptions, businesses can avoid the legal consequences of non-compliance by utilizing accessibility software. This software helps websites maintain compliance with WCAG 2.1, ADA, Section 508, and EN 301549.

Web Accessibility widgets are compatible with various platforms like Shopify, Magento, and Joomla, offering customization options for individuals with disabilities to access content easily. 

Features include larger text, additional reading lines, brightness adjustments, readable fonts, hidden images, highlighted links, and more, catering to mobile phones and tablets.

Founded in 2019, there’s no denying that Accessibly is a tireless advocate for the Unruh Civil Rights Act and ADA/WCAG compliance, enabling equal accommodations to digital offerings for individuals with disabilities.