Everything on Unruh Act Compliance

What is the Unruh Civil Rights Act?

California’s Unruh Civil Rights Act, enacted in 1959, protects people with disabilities from discrimination by most business establishments, including housing and public establishments. It was originally intended for brick-and-mortar establishments but now includes virtual businesses as well. The Act requires “full and equal accommodations, advantages, facilities, privileges or services in all business establishments.” This includes, but is not limited to, the following places:

• Hotels and motels
• Nonprofit organizations that have a business purpose or are a public accommodation
• Restaurants
• Theaters
• Hospitals
• Barbershops and beauty salons
• Housing accommodations
• Public agencies
• Retail establishments
• Websites

The Act prohibits discrimination based on race, color, national origin, ancestry, language, immigration status, citizenship, religion, sex, sexual orientation, marital status, disability, medical condition, or genetic information. In 1992, the Unruh Act was amended to include standards created within the ADA (Americans with Disabilities Act) that apply to persons with disabilities. This resulted in any violation of the ADA also being considered a violation of the Unruh Act.

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The Unruh Act vs the Americans with Disabilities Act (ADA)

One important difference between the Unruh Act and the Americans with Disabilities Act (ADA) is that the latter law doesn’t allow for plaintiffs to claim damages, only attorney fees. The Unruh Act, on the other hand, allows for plaintiffs to claim up to 3x in damages per incident (damages can include emotional distress), with no less than $4,000 in statutory damages.

If your website is managed in a state other than California, you may still be required to follow the Unruh Act. The Unruh Act applies to all websites that sell or promote products or services within the state of California. Overall, the Unruh Act protects all Californians no matter where the business or website is registered.

On August 26, 2020, the Court of Appeals of California determined that a Georgia company’s website which created barriers to accessibility would have to comply with California accessibility laws (the Unruh Act) because purposeful availment was shown by evidence that the company’s sales to Californians were equivalent to a physical store in California — Thurston v. Fairfield Collectibles of Ga., LLC, 53 Cal. App. 5th 1231, 268 Cal. Rptr. 3d 365 (2020).

To sue a business due to website inaccessibility under the Unruh Act, the affected website user must have concrete evidence which shows clear arbitrary or intentional discrimination in their website.

Why WCAG 2.1 Level AA is the benchmark

The Unruh Act doesn’t name a technical standard on its own, but its 1992 amendment ties it directly to the ADA — meaning any ADA violation is also treated as an Unruh Act violation. In April 2024, the DOJ’s final rule on ADA website accessibility for state and local governments set WCAG 2.1 Level AA as the required conformance standard. Through this ADA-Unruh link, WCAG 2.1 AA has become the de facto benchmark California courts look to when evaluating Unruh Act compliance as well.

California Unruh Act and ADA Website Compliance

As previously mentioned, the State of California operates under strict and uniform regulations. The state courts have dealt with several cases revolving around ADA and website accessibility violations.

Historical evidence proves that the California courts have charged many defendants to pay statutory fines and court costs for not being an accessible internet entity. Once the business has been charged, courts will require the business to comply with WCAG 2.1 Level AA.

How can you know if a website is ADA compliant?

As stated, if a website is not ADA compliant then it automatically violates the Unruh Act. Virtual businesses that fall underneath California jurisdiction need to achieve ADA compliance and align with WCAG 2.1 Level AA guidelines. This can seem like a daunting and complex undertaking, especially without knowledge of available tools that can help or guide you.

accessScan is an ADA compliance checker that offers an immediate answer as to whether a website is compliant. It also enables your accessibility efforts by evaluating its accessibility level and errors. Understanding the barriers that need to be removed on a website to include a wide range of disabilities in varying circumstances online is a strong first step.

For California businesses that need to go beyond a scan and address what they find, accessiBe’s platform covers the full remediation process. accessWidget continuously monitors your website against WCAG criteria using AI — automatically addressing the most common failures that trigger Unruh Act claims, including contrast, keyboard navigation, and screen reader compatibility. accessFlow prevents new issues from being introduced as your site is updated. accessServices provides expert audits, user testing with people with disabilities, and the Litigation Support Package — structured legal support if an Unruh Act claim arrives.

Exceptions to the Unruh Act

Many websites are required by law to follow the Unruh Act. Some businesses like public schools and senior housing facilities are exempt, but that is beyond this article’s scope. The bottom line is, if you have a website with activity in California, you should be following the Unruh Act. Complying with WCAG 2.1 Level AA guidelines will make your website more accessible and usable for people with disabilities and all of your visitors. The disability community is the most brand-loyal community with tremendous buying power. Making your website compliant is good business and the right thing to do.