[6][7] (As of 26 August 2009) SB 242 must receive a procedural concurrence vote in the Senate before heading to the Governor's desk.
[8] Legislative Counsel's Digest (from the amended version)[9] The Unruh Civil Rights Act generally prohibits business establishments from discriminating on the basis of sex, race, color, religion, ancestry, national origin, disability, or medical condition.
This bill would make it a violation of the Unruh Civil Rights Act to adopt or enforce a policy that requires, limits, or prohibits the use of any language in or with a business establishment, unless the policy is justified by a business necessity, as defined, and notification has been provided of the circumstances and the time when the language restriction or requirement is to be observed and of the consequences for its violation.
The bill would define business necessity to require, among other things, that the language restriction or requirement is necessary for the safe and efficient operation of the business and that an equally effective, but less discriminatory, alternative practice does not exist.
It is of concern to many companies that this legislation will either open them to lawsuits,[10] or increase their cost of doing business[11] in California, as they could be subject to minimum damages of $4,000, if a business limits the use of a customer's language, even if unintentionally.