California Web Accessibility Laws: Unruh Act, AB 434, and AB 1757

Introduction

California has become a center of digital accessibility regulation, with multiple laws creating overlapping compliance requirements for businesses. The Unruh Civil Rights Act has been interpreted by courts to require website accessibility, AB 434 mandates accessibility in state government, and proposed legislation continues to expand requirements.

Unlike some states with single accessibility regulations, California's patchwork of laws creates complex compliance obligations. Organizations serving California must navigate the Unruh Act, AB 434, and anticipate proposed legislation like AB 1757.

Legal Disclaimer

A11yscan is not a law firm and does not provide legal advice. We operate under best practices based on WCAG Guidelines, ADA requirements, and applicable jurisdictions. Courts don't always agree on terms and expectations for web accessibility, and legal standards can vary by jurisdiction. However, an accessible website works better for all users regardless of legal requirements. For specific legal guidance, consult with a qualified attorney specializing in accessibility law.

The Unruh Civil Rights Act

The Unruh Civil Rights Act, passed in 1959, predates the internet but has been successfully applied to digital accessibility by California courts. It prohibits businesses from discriminating based on disability in providing services.

Key Characteristics

  • Applies to any "business establishment" serving the public
  • Interpretation expanded to include websites and digital services
  • Private enforcement: Individuals can sue directly
  • Damages: Minimum $4,000 per violation per day
  • Attorney fees awarded to prevailing plaintiffs

Damages Under Unruh

  • Statutory damages: $4,000 minimum per violation
  • Actual damages if greater than statutory amount
  • Calculated per day of violation
  • Multiple violations = cumulative damages
  • Attorney fees in addition to damages

Official text: California Civil Code Section 51 (Unruh Act)

AB 434: State Digital Accessibility Mandate

Assembly Bill 434, effective January 1, 2018, requires California state agencies and departments to maintain accessible websites and web applications.

Requirements

  • All state websites must meet WCAG 2.0 Level AA
  • Web applications must be accessible
  • PDFs and digital documents must be accessible
  • Applies to all state agencies and departments
  • Annual reporting to Legislature required

Impact on Businesses

While AB 434 directly applies only to state agencies, it established WCAG 2.0 Level AA as the official California standard. Courts have referenced AB 434 when interpreting Unruh Act accessibility requirements.

Official details: AB 434 Legislative Text

AB 1757: Proposed Broader Digital Accessibility Law

AB 1757 (currently pending or in development) proposes to expand digital accessibility requirements beyond state government to private businesses. If enacted, this would create a comprehensive California digital accessibility standard.

Proposed Requirements (if enacted)

  • WCAG 2.1 Level AA for all websites and applications
  • Applies to private businesses serving California
  • Similar scope to European Accessibility Act
  • Clear enforcement mechanisms
  • Compliance timelines with extensions for small business

Current Status

Check the California Legislature's status: California Legislative Information

Organizations should monitor this legislation as it may significantly impact compliance obligations.

Accessibility Standards: WCAG 2.0 AA

California law recognizes WCAG 2.0 Level AA as the accessibility standard for websites and digital content.

WCAG 2.0 Level AA Requirements

  • 4.5:1 color contrast for normal text
  • 3:1 contrast for large text (18pt+)
  • Keyboard accessible navigation
  • Alt text for all images
  • Captions for video content
  • Proper heading hierarchy
  • Form labels and error messages
  • Screen reader compatibility
  • Page resizable to 200% without loss of function

Reference: WCAG 2.0 Quick Reference

Enforcement Mechanisms

Accessibility violations in California can be enforced through multiple channels:

Unruh Act Enforcement

  • Private lawsuits by individuals with disabilities
  • Attorney General enforcement
  • District attorneys in some counties
  • Direct private litigation in civil court
  • No government filing required

State Agency Compliance (AB 434)

  • Legislative oversight
  • Annual reporting requirements
  • Budget implications for non-compliance

Damages and Penalties

  • Minimum $4,000 statutory damages per violation per day
  • Higher damages if actual harm proven
  • Attorney fees for plaintiffs
  • Cumulative across multiple days
  • Multiple claims possible

Scope and Coverage

Unruh Act applies to any business establishment operating in California that serves the public.

Who Must Comply

  • Retail businesses and e-commerce
  • Banking and financial services
  • Healthcare providers and clinics
  • Restaurants and food services
  • Hotels and accommodations
  • Transportation and rideshare services
  • Entertainment and media
  • Any California-based or serving California residents

Extraterritorial Application

Unruh Act applies to any business serving California residents, even if not based in California. If your website is accessible to California users, you must comply.

Steps to Achieve California Compliance

Organizations serving California should implement comprehensive accessibility programs:

Phase 1: Assessment (Immediate)

  • Audit websites against WCAG 2.0 AA
  • Identify critical accessibility barriers
  • Assess mobile app accessibility
  • Test with screen readers

Phase 2: Remediation (Priority)

  • Fix high-impact barriers (forms, checkout, navigation)
  • Implement alt text for images
  • Ensure keyboard navigation
  • Verify color contrast
  • Caption video content

Phase 3: Implementation (Ongoing)

  • Train development team on accessible coding
  • Update content management practices
  • Implement accessibility QA process
  • Establish feedback mechanism
  • Publish accessibility statement

Phase 4: Documentation and Defense

  • Document remediation efforts
  • Maintain accessibility audit records
  • Record staff training
  • Track accessibility improvements

Key Takeaways

  • Unruh Civil Rights Act applies to all California businesses
  • Minimum damages of $4,000 per violation per day
  • Private enforcement means individual lawsuits likely
  • WCAG 2.0 Level AA is the recognized standard
  • Monitor AB 1757 for broader compliance requirements
  • Extraterritorial application: applies to companies serving CA
  • Litigation trends show increasing enforcement
  • Proactive remediation is essential risk management

Resources

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