March 11, 2014

California Business Establishments Cannot be Liable for Discrimination “In the Abstract”

California Business Law Update

On November 18, 2008, the Fourth District Court of Appeal decided Surrey v. TrueBeginnings, et al., a case brought under the Unruh Act and the Gender tax Repeal Act (California Civil Code §§ 51 and 51.6).  The Unruh Act prohibits discrimination in the accommodations, facilities, and services of all “Business establishments” within California’s jurisdiction, and the Gender Tax Repeal Act prohibits charging different prices for services based on a person’s gender.  The court held that a person must tender the purchase price for a business’s services or products before he or she can sue for discrimination under these two acts.