News & Analysis as of

Unruh Civil Rights Act

Judge dismisses ADA website lawsuit

In September 2016, we published an alert that a group of plaintiff’s ADA lawyers had threatened a number of businesses – including hotels – with litigation claiming their websites failed to comply with “ADA Guidelines.” These...more

The California Legislature Bites Back in Look Who's Crying Woof, Part II

With alarming frequency, building owners, property managers, apartment owners, restaurants, theaters and shopping malls are confronted with making decisions as to whether a dog is a bona fide “service animal”, an “emotional...more

“Oh Yes [the Court] Did” — District Court Grants Motion to Dismiss ADA Complaint Until the DOJ Issues Implementing Regulations and...

On March 20, 2017, U.S. District Court Judge S. James Otero for the Central District of California in Robles v. Domino’s Pizza LLC, granted defendant Domino’s Pizza LLC’s motion to dismiss without prejudice and ruled that the...more

California Employers: Time to Gear Up for 2017

by Epstein Becker & Green on

Now is the time of year for California employers to review the numerous employment laws that will be going into effect in 2017 to ensure that their policies and practices are in compliance and properly address new...more

ADA Part I: Ensure Stores are Accessible

by Bryan Cave on

In order to help retailers improve access to all customers and reduce potential liability, this is the first in a three-part series offering tips for compliance with the Americans With Disabilities Act (ADA). This week we...more

California’s Employment Law Class of 2017 (Part I): The Laws, Their Effects and Some Recommendations for Compliance

by Reed Smith on

Amend, extend and clarify: the 2016 legislative session was not so much about creating new rights and responsibilities under California employment law, but more about expanding and addressing lingering questions that stem...more

Torts –Civil Rights – “Bright Line” Rule on Standing

by Low, Ball & Lynch on

Rebecca Osborne v. Bruce Yasmeh, et al. - Court of Appeal, Second Appellate District (July 28, 2016) - In California, two overlapping laws, the Unruh Civil Rights Act (Civil Code § 51) and the Disabled Persons Act...more

Safe Harbor for Violations of Disability Access Under the Unruh Act

by Ervin Cohen & Jessup LLP on

Senate Bill 269 provides a “safe harbor” period for some businesses to correct certain violations related to construction-related disability access under the Unruh Act. The bill reduces fines for certain technical...more

What Relief Does New Disability Access Legislation Provide for Businesses?

In recent years, in response to complaints from both large and small business owners, the California Legislature enacted a variety of measures to rein in lawsuits by individuals with disabilities under California’s Unruh...more

California Legislative Update

by Littler on

The California legislature has reached the midpoint of its 2016 legislative session. The Governor has signed four bills of significance to California private sector employers. In addition, a few dozen workplace-related bills...more

Governor Brown Signs Legislation Aimed to Curb ADA Accessibility Abuses in California

This past week Governor Jerry Brown signed Senate Bill 269. The new law is the latest attempt to curb lawsuits brought under the Americans with Disabilities Act of 1990 (“ADA”) and related states laws which many businesses...more

A First: California Court Rules Retailer’s Inaccessible Website Violates ADA

by Seyfarth Shaw LLP on

Last week, a California State Court became the first in the nation to rule that a retailer violated the Americans with Disabilities Act due to a website that is not accessible to individuals with vision-related disabilities. ...more

Civil Rights – Unruh Civil Rights Act – Standard to be Applied

by Low, Ball & Lynch on

Daniel Javorsky v. Western Athletic Clubs, Inc. - Court of Appeal, First Appellate District (December 11, 2015) - The Unruh Civil Rights Act (“Act”) provides that all persons are free and equal, and no matter what...more

A New Year = New Laws for California Employers

by Hirschfeld Kraemer LLP on

It’s that time again – a new year means new laws and regulations for California employers. Below we summarize new legislation that will affect employers doing business in California. Unless otherwise indicated, the new laws...more

California Appellate Court Holds Unruh Act Does Not Apply to Legislative Action

by Best Best & Krieger LLP on

Decision Comes in Short-Term Rental Ordinance Litigation - California’s Unruh Civil Rights Act, which prohibits a business establishment from discriminating in housing or other accommodations, does not apply to an...more

New Law Expands Unruh Civil Rights Act

by Ervin Cohen & Jessup LLP on

Senate Bill 600 expands the protections of the Unruh Civil Rights Act, a law designed to protect consumers. The Unruh Civil Rights Act already provides that all persons within the jurisdiction of this state are entitled to...more

Disability Access – Application of Disabled Persons Act and Unruh Act – Service Animals

by Low, Ball & Lynch on

Seth Flowers, et al. v. Brinda Prasad, et al. - California Court of Appeal, Second Appellate District (July 17, 2015) - The Unruh Civil Rights Act and Disabled Persons Act vary in their provisions. The Court of...more

Dual Ruling in FEHA Case Addresses Evidence Required to Establish Qualified Disability and Sets High Standard for Cost Recovery as...

by Low, Ball & Lynch on

Gabriel L. Roman, et al. v. BRE Properties, et al. - Court of Appeal, Second Appellate District (June 17, 2015) - The Fair Employment and Housing Act (“FEHA”) prohibits, as unlawful discrimination, a refusal to make...more

That Dog Can Hunt: Appellate Court Rules Unruh Act Protections Apply to Service Animals

In Flowers v. Brinda Prasad (2015) 2015 DAR 8259, disabled plaintiff John Smith and his son Seth Smith brought suit alleging they had been denied service at defendants’ business (the Valley Indian Café in Rohnert Park,...more

Can that Doggie in the Window … Enter my Store?

by Seyfarth Shaw LLP on

Readers will recall that we recently corralled the law on “Assistive Animals” in the workplace, here. Now, in part two of our mini-series, we pony up an explanation of the rules governing the use of service animals by...more

Take Care in Using Consumer Data to Drive Dynamic Pricing of E-Commerce

by BakerHostetler on

Dynamic pricing is the practice of offering different prices to consumers based on various factors designed to maximize sales and profits, which may include the retailer’s perception of the willingness of a particular...more

Websites Hit with Demand Letters on Accessibility Issues Despite Courts' Rejection of Claim

by Morrison & Foerster LLP on

In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These...more

Websites Hit With Demand Letters on Accessibility Issues Despite Courts’ Rejection of Claim

In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These...more

Ninth Circuit Asks California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations”...

by Davis Wright Tremaine LLP on

Court Also Holds Failure to Closed-Caption Online Videos is Not Intentional Discrimination Under State Unruh Civil Rights Act, and that Website Decisions Whether to Caption Occur in Furtherance of First Amendment Rights Under...more

"Ladies' Night" Promotions Violate California Law

by Davis Wright Tremaine LLP on

The hospitality industry is no stranger to the rules prohibiting discrimination in accommodations. The average restaurant or hotel operator is aware that the establishment cannot deny service to a patron on the basis of a...more

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