SB 600, as amended, Pan. Discrimination: citizenship: language: immigration status.
Existing law finds and declares that all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state. Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.
This bill would extend the protections of the Unruh Civil Rights Act to persons regardless of citizenship, primary language, or immigration status.begin insert The bill would specify that those protections do not require the provision of services or documents in a language other than English, beyond that which is otherwise required by law.end insert
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, sexual orientation, citizenship, primary language,
8or immigration status are entitled to the full and equal
9accommodations, advantages, facilities, privileges, or services in
10all business establishments of every kind whatsoever.
11(c) This section shall not be construed to confer any right or
12privilege on a person that is conditioned or
limited by law or that
13is applicable alike to persons of every sex, color, race, religion,
14ancestry, national origin, disability, medical condition, marital
15status, sexual orientation, citizenship, primary language, or
16immigration status, or to persons regardless of their genetic
17information.
18(d) Nothing in this section shall be construed to require any
19construction, alteration, repair, structural or otherwise, or
20modification of any sort whatsoever, beyond that construction,
21alteration, repair, or modification that is otherwise required by
22other provisions of law, to any new or existing establishment,
23facility, building, improvement, or any other structure, nor shall
24anything in this section be construed to augment, restrict, or alter
25in any way the authority of the State Architect to require
26construction, alteration, repair, or
modifications that the State
27Architect otherwise possesses pursuant to other laws.
28(e) For purposes of this section:
29(1) “Disability” means any mental or physical disability as
30defined in Sections 12926 and 12926.1 of the Government Code.
31(2) (A) “Genetic information” means, with respect to any
32individual, information about any of the following:
33(i) The individual’s genetic tests.
34(ii) The genetic tests of family members of the individual.
P3 1(iii) The manifestation of a disease or disorder in family
2members of the
individual.
3(B) “Genetic information” includes any request for, or receipt
4of, genetic services, or participation in clinical research that
5includes genetic services, by an individual or any family member
6of the individual.
7(C) “Genetic information” does not include information about
8the sex or age of any individual.
9(3) “Medical condition” has the same meaning as defined in
10subdivision (i) of Section 12926 of the Government Code.
11(4) “Religion” includes all aspects of religious belief,
12observance, and practice.
13(5) “Sex” includes, but is not limited to, pregnancy, childbirth,
14or medical
conditions related to pregnancy or childbirth. “Sex”
15also includes, but is not limited to, a person’s gender. “Gender”
16means sex, and includes a person’s gender identity and gender
17expression. “Gender expression” means a person’s gender-related
18appearance and behavior whether or not stereotypically associated
19with the person’s assigned sex at birth.
20(6) “Sex, race, color, religion, ancestry, national origin,
21disability, medical condition, genetic information, marital status,
22
sexual orientation, citizenship, primary language, or immigration
23status” includes a perception that the person has any particular
24characteristic or characteristics within the listed categories or that
25the person is associated with a person who has, or is perceived to
26have, any particular characteristic or characteristics within the
27listed categories.
28(7) “Sexual orientation” has the same meaning as defined in
29subdivision (s) of Section 12926 of the Government Code.
30(f) A violation of the right of any individual under the federal
31Americans with Disabilities Act of 1990begin delete (P.L.end deletebegin insert (Public Lawend insert
32 101-336) shall
also constitute a violation of this section.
33(g) Verification of immigration status and any discrimination
34based upon verified immigration status, where required by federal
35law, shall not constitute a violation of this section.
36(h) Nothing in this section shall be construed to require the
37provision of services or documents in a language other than
38English, beyond that which is otherwise required by other
39provisions of federal, state, or local law, including Section 1632.
The amendment of Section 51 of the Civil Code by
2this act does not constitute a change in, but is declaratory of,
3existing law. It is not the intent of the Legislature in amending the
4Unruh Civil Rights Act to affect the protected status of any other
5classification, whether or not expressed in Section 51 of the Civil
6Code.
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