AB 1220, as introduced, Skinner. Unruh Civil Rights Act.
The Unruh Civil Rights Act generally prohibits business establishments from discriminating on the basis of sex, race, color, religion, ancestry, national origin, disability, or medical condition.
This bill would make a technical, nonsubstantive change to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 51 of the Civil Code is amended to read:
(a) This section shall be known, and may be cited, as the
3Unruh Civil Rights Act.
4(b) All persons within the jurisdiction of this state are free and
5equal, and no matter what their sex, race, color, religion, ancestry,
6national origin, disability, medical condition, genetic information,
7marital status, or sexual orientation are entitled to the full and equal
8accommodations, advantages, facilities, privileges, or services in
9all business establishments of every kind whatsoever.
10(c) This section shall not be construed to confer any right or
11privilege on a person that is conditioned or limited by law or that
P2 1is applicable alike to persons of every sex, color, race, religion,
2ancestry, national origin,
disability, medical condition, marital
3status, or sexual orientation or to persons regardless of their genetic
4information.
5(d) Nothing in this section shall be construed to require any
6construction, alteration, repair, structural or otherwise, or
7modification of any sort whatsoever, beyond that construction,
8alteration, repair, or modification that is otherwise required by
9other provisions of law, to any new or existing establishment,
10facility, building, improvement, or any other structure, nor shall
11anything in this section be construed to augment, restrict, or alter
12in any way the authority of the State Architect to require
13construction, alteration, repair, or modifications that the State
14Architect otherwise possesses pursuant to other laws.
15(e) For purposes of this section:
16(1) “Disability” means any mental or
physical disability as
17defined in Sections 12926 and 12926.1 of the Government Code.
18(2) (A) “Genetic information” means, with respect to any
19individual, information about any of the following:
20(i) The individual’s genetic tests.
21(ii) The genetic tests of family members of the individual.
22(iii) The manifestation of a disease or disorder in family
23members of the individual.
24(B) “Genetic information” includes any request for, or receipt
25of, genetic services, or participation in clinical research that
26includes genetic services, by an individual or any family member
27of the individual.
28(C) “Genetic
information” does not include information about
29the sex or age of any individual.
30(3) “Medical condition” has the same meaning as defined in
31subdivisionbegin delete (h)end deletebegin insert (i)end insert of Section 12926 of the Government Code.
32(4) “Religion” includes all aspects of religious belief,
33observance, and practice.
34(5) “Sex” includes, but is not limited to, pregnancy, childbirth,
35or medical conditions related to pregnancy or childbirth. “Sex”
36also includes, but is not limited to, a person’s gender. “Gender”
37means sex, and includes a person’s gender identity and gender
38expression. “Gender expression” means a person’s gender-related
39appearance and behavior
whether or not stereotypically associated
40with the person’s assigned sex at birth.
P3 1(6) “Sex, race, color, religion, ancestry, national origin,
2disability, medical condition, genetic information, marital status,
3or sexual orientation” includes a perception that the person has
4any particular characteristic or characteristics within the listed
5categories or that the person is associated with a person who has,
6or is perceived to have, any particular characteristic or
7characteristics within the listed categories.
8(7) “Sexual orientation” has the same meaning as defined in
9subdivision (r) of Section 12926 of the Government Code.
10(f) A violation of the right of any individual under the federal
11Americans with Disabilities Act of 1990 (P.L. 101-336) shall also
12constitute a violation of this
section.
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