Legal Rights of Persons With Disabilities - Ossh.com

B. Discrimination Based on Disability
Persons with disabilities are protected from discrimination in any business establishment open to
the public. The Unruh Civil Rights Act (Civ. Code, ' 51) forbids all arbitrary discrimination by business
establishments on the basis of disability. "Business establishment" has been broadly defined by the courts
and generally includes housing, hotels and motels, theaters, shopping centers, restaurants, and all forms of
transportation. Under this nondiscrimination law, an establishment is not required to make structural
modifications in order to facilitate access by persons with physical disabilities.
A victim of discrimination has several legal remedies under the Unruh Act. You may file a
complaint with the DFEH, which may investigate and litigate violations of the Unruh Act. You may also
file a lawsuit to recover damages. (Civ. Code, ' 52.) Finally, if you believe that a person or group of
persons is engaged in a conduct of resistance to any of the rights guaranteed by the Unruh Act, and that
conduct is intended to deny the full exercise of those rights you should contact the Attorney General, city
attorney, or district attorney, who may then file suit. (Civ. Code, ' 51 et seq.) A violation of the ADA is
also considered to be a violation of the Unruh Act. (Civ. Code, ' 51,
subd. (f).)
II.
NONDISCRIMINATION IN STATE-SPONSORED PROGRAMS AND ACTIVITIES AND IN
PUBLIC PLACES
No person may be denied the benefits of, or be unlawfully subjected to, discrimination under any
program or activity either funded directly or assisted financially by the state. (Gov. Code,
' 11135.) Individuals with disabilities have the same right as the general public to the full and free use of
streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics and
physician's offices, public facilities and other public places. (Civ. Code, ' 54.) A violation of the ADA
will also be a violation of this section, and the DFEH will have jurisdiction to handle a complaint for
violation of this section. (Gov. Code, ' 12948.)
III.
NONDISCRIMINATION IN INSURANCE COVERAGE
A. Life, Annuity, or Disability Insurance
It is illegal to discriminate against persons with disabilities in life, annuity or disability insurance.
Specifically, insurers providing individual or group life, annuity, or disability insurance cannot refuse to
insure, or limit the amount or kind of coverage available, or charge a different rate for the same coverage
solely because a person is blind, partially blind, or has a physical or mental impairment. A physical or
mental impairment is defined as any physical, sensory, or mental impairment which substantially limits one
or more of a person's major life activities. An insurer may refuse to insure, limit coverage, or charge
different rates only if based on sound actuarial principles or actual and reasonably anticipated experience.
(Ins. Code, '' 10144, 10145.)
Every policy of disability insurance which covers hospital, medical, or surgical expenses on a
group basis must offer coverage to members of the group with physical disabilities under the same terms
and conditions as are offered to other group members. The group policies are not required to cover
hospital, medical, or surgical expenses which arise as a direct result of an individual's physical disability.
(Ins. Code, ' 10122.1.)
Life and disability income insurers are prohibited from making unfair distinctions between
individuals when insuring for the risk of AIDS or AIDS-related conditions (ARC). There are mandatory
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