California Civil Rights Laws

Civil rights laws prevent discrimination in a range of daily activities. Employment, housing, education, and the right to marry are all part of your civil rights. The U.S. Constitution guarantees most civil rights, and federal laws cover the remainder at the national level.

State civil rights laws typically mirror federal laws. State laws may expand on federal laws, provided they do not infringe on federal laws or violate constitutional rights.

California civil rights laws contain more protected classes and cover a wider range of employers and businesses. California is noteworthy for supporting immigration rights and LGBTQ+ protections.

California Civil Rights Laws

Californians have the same civil rights as all other U.S. citizens. California civil rights laws are codified in the California State Code and enforced by various branches of the state government.

The Unruh Civil Rights Act

The Unruh Civil Rights Act of 1959 broadly prevents any business from discriminating against anyone on the basis of any protected category, including:

• Race or ethnicity
• Religion or creed
• National origin
• Gender, sexual orientation, or gender identity
• Age or medical condition
• Disability, including mental health

California courts have consistently ruled that the law protects other classes beyond those listed in the Act, and that a “business” may include any entity engaged in commercial activities, such as school sales that raise money from outside sources. The Unruh Act contains provisions for other types of discrimination, such as housing and employment discrimination. Other California laws add protections and rights.

Fair Employment and Housing

The Fair Employment and Housing Act (FEHA) (Government Code § 12940 et seq.) prevents an employer from refusing to hire any qualified individual solely because they belong to a protected category. The FEHA provides protection for employees who are not qualified for legitimate reasons, such as medical issues.

California’s government code prevents anyone from discriminating in the sale, rental, or leasing of a housing accommodation because of their race, religion, gender, or other protected characteristic. The law prohibits discrimination in any public accommodations, such as motels and hotels. It also applies to Airbnb and other short-term rentals. The Department of Fair Employment and Housing (DFEH), now called the California Civil Rights Department, handles all complaints and concerns related to unfair housing and employment practices.

Family Rights

A cluster of civil rights acts protects familial status and marital rights. The California Family Rights Act provides employees with up to 12 weeks of unpaid job-protected leave for family and medical reasons. In most cases, this leave runs concurrently with the leave provided by the federal Family and Medical Leave Act (FMLA). It can also run consecutively, giving employees more time. If you have a pregnancy-related disability, you are covered under Pregnancy Disability Leave.

The CFRA also gives employees the right to take leave for:

• Child bonding after childbirth, adoption, or foster placement
• Bereavement
• Reproductive loss after miscarriage, stillbirth, or failed adoption
• Violence survivors leave for victims of domestic or other types of violence

The CFRA applies to any employer with more than five employees.

The Ralph Civil Rights Act protects individuals against hate crimes and other forms of targeted violence. This includes intimidation or threats of violence, threatening to report the victim to law enforcement, or distribution of materials on the victim’s property with the intent to terrorize.

Disability Rights

The Disabled Persons Act guarantees equal access to all public places, facilities, buildings, and transportation to individuals with disabilities. The term “disability” means any physical disability or any mental disability as defined by California law.

The act mirrors the federal Americans with Disabilities Act (ADA). The laws cover access to employment, housing, and education for all individuals, with reasonable accommodations, provided they are otherwise qualified for the position.

Housing discrimination under the Disabled Persons Act is handled by the California Civil Rights Department (CRD). Employment matters should be referred to the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department.

Sanctuary Laws

California’s powerful, though misunderstood, status as a “sanctuary state” has earned it accolades and criticism from other government officials. The sanctuary laws encompass two specific areas of civil rights: LGBTQ+ rights and immigrant rights.

LGBTQ+ Protections

California was one of the first states to protect the rights of LGBTQ+ individuals to marry, be eligible for health care, and access other services. In addition to robust marriage rights and domestic partnership protections, California laws prevent law enforcement agencies from sending information about legal gender-affirming care to out-of-state agencies. California law:

• Gives California courts primary jurisdiction in custody disputes over cases involving transgender youth and prevents out-of-state entities from obtaining information about California health care providers who offer legal gender-affirming care to California residents
• Requires foster care agencies to provide gender-affirming care for transgender youth in placement
• Prohibits discrimination against LGBTQ+ individuals and families in housing, employment, and other public accommodations
• Prohibits the forced outing of LGBTQ+ students to their parents under the SAFETY Act

These laws primarily counter laws in other states that criminalize providing gender-affirming care to minors. They provide safe havens for families and minors seeking such care, as well as for medical professionals providing treatment.

Undocumented Immigrant Rights

The California Values Act (SB 54), passed in 2018, creates limits on what state and local law enforcement can do to assist federal immigration agents in enforcing federal immigration law. “Sanctuary laws” do not prevent federal agents from performing their jobs in California, but they do:

• Prevent state and local law enforcement from detaining individuals for immigration purposes
• Prohibit the use of state and local resources for federal enforcement purposes
• Prevent state and local officers from investigating, interrogating, or detaining individuals for federal immigration purposes
• Limit the transfer of inmates to federal agents, except where individuals have existing criminal convictions

The law’s purpose is to ensure trust and cooperation between local police agencies and communities. It’s also designed to prevent a drain on local resources by diversion to federal activities. The law creates safe zones around schools, libraries, and hospitals where state or local authorities limit assistance to federal immigration enforcement officers.

Enforcement and Oversight

The California Civil Rights Department (CRD) investigates most complaints of discrimination, harassment, and retaliation. The State of California’s Attorney General’s Office investigates hate crimes, police misconduct, and criminal civil rights violations. Other government agencies are listed on the California state website (calcivilrights.ca.gov).

Related Resources

• California Property and Real Estate Laws
• California Employment Laws
• What are Civil Rights?
• Have Your Civil Rights Been Violated?
• Civil Rights (California Dept. of Justice)

Were Your Civil Rights Violated in California? Speak With an Attorney

You have both federal and state protections for your civil rights. If you think you’ve encountered a violation of your rights, consider speaking with a California civil rights attorney. State laws are constantly changing, and it’s important to know what protections you’re entitled to. A skilled attorney can examine your case, explain your options under the state’s civil codes, and stand with you during all proceedings.