Liability & LegalQuestion 116 of 200
California's Fair Employment and Housing Act (Gov Code §12940) and the Unruh Civil Rights Act (Civ Code §51) prohibit discrimination based on protected characteristics. For security guards, this means:
a.Guards may refuse service or deny entry based on race, religion, disability, or other protected status
b.Profiling or selecting persons for detention based on protected characteristics is unlawful and exposes the guard, PPO, and client to FEHA, Unruh Act, and Bane Act liability; service-animal accommodations and disability access must also be respected
c.Only government employers are subject to discrimination claims
d.Federal anti-discrimination law does not apply in California
Explanation
Government Code §12940 (FEHA) prohibits employment discrimination based on race, religion, national origin, ancestry, disability, sex, gender identity, sexual orientation, age, and more. Civil Code §51 (Unruh) prohibits discrimination in business establishments — including by their security agents — on similar bases. Profiling, selective enforcement, refusing entry, or detaining persons because of protected characteristics is unlawful. Both statutes carry meaningful damages (Unruh: minimum $4,000 per violation plus attorneys' fees). Service animals are protected under Civ Code §54.2 and the ADA. Guards must apply policies neutrally.
Law Reference: Cal. Government Code §12940 (FEHA); Cal. Civil Code §51 (Unruh)Practice all 200 questions free — no signup required.
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