AB 1937

AB1937:v99#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1937

An act to amend Section 51 of the Civil Code, relating to discrimination.

LEGISLATIVE COUNSEL'S DIGEST

AB 1937, as introduced, Quirk-Silva. Discrimination: business establishments.

Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments of every kind whatsoever, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law requires the Civil Rights Department, among other things, to enforce the provisions of the Unruh Civil Rights Act. Existing law authorizes aggrieved persons to, among other remedies, file a complaint with the Civil Rights Department.

This bill would provide related declarations, including the intent of the Legislature to clarify that those provisions of existing law fully apply to early childcare and education settings and prohibit discrimination in access to and provision of those services.

This bill would specify that “business establishments of every kind whatsoever” includes, but is not limited to, entities and individuals that provide early care and education services to the public for a fee or other consideration, including licensed childcare centers, licensed family childcare homes, and family, friend, and neighbor care providers, regardless of whether the services are publicly funded.

The bill would prohibit its provisions from being construed to limit existing protections or requiring the disclosure of immigration or citizenship status.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) Access to early care and education is essential to children’s development, family stability, workforce participation, and educational equity.

(b) Licensed childcare centers, licensed family childcare homes, and family, friend, and neighbor care providers offer services to the public for a fee or participate in publicly funded systems, and therefore function as business establishments and public accommodations within the meaning of California civil rights laws.

(c) It is the intent of the Legislature to clarify that California’s existing civil rights protections, including the Unruh Civil Rights Act and Section 11135 of the Government Code, fully apply to early care and education settings and prohibit discrimination in access to and provision of those services.

SEC. 2.

Section 51 of the Civil Code is amended to read:

51.

(a) This section shall be known, and may be cited, as the Unruh Civil Rights Act.

(b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.

(c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.

(d) Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.

(e) For purposes of this section:

(1) “Disability” means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.

(2) (A) “Genetic information” means, with respect to any individual, information about any of the following:

(i) The individual’s genetic tests.

(ii) The genetic tests of family members of the individual.

(iii) The manifestation of a disease or disorder in family members of the individual.

(B) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.

(C) “Genetic information” does not include information about the sex or age of any individual.

(3) “Medical condition” has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.

(4) “Race” is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. “Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locs, and twists.

(5) “Religion” includes all aspects of religious belief, observance, and practice.

(6) “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.

(7) “Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status” includes any of the following:

(A) Any combination of those characteristics.

(B) A perception that the person has any particular characteristic or characteristics within the listed categories or any combination of those characteristics.

(C) A perception that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics, or any combination of characteristics, within the listed categories.

(8) “Sexual orientation” has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.

(f) A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.

(g) Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.

(h) For purposes of this section, “business establishments of every kind whatsoever” includes, but is not limited to, entities and individuals that provide early care and education services to the public for a fee or other consideration, including licensed childcare centers, licensed family childcare homes, and family, friend, and neighbor care providers, regardless of whether the services are publicly funded.

(h)

(i) Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.

SEC. 3.

This act shall not be construed to do either of the following:

(a) Limit existing protections under the Unruh Civil Rights Act or any other provision of state or federal law.

(b) Require disclosure of immigration or citizenship status, except where explicitly required by law.