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 where the client's written post orders direct them to, because the duty then rests on the client
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, so a private patrol operator and its guards are outside the reach of both FEHA and the Unruh Act on privately owned premises
d.Federal anti-discrimination law does not apply in California because the state's own statutes occupy the field, leaving FEHA and the Unruh Act as the only sources of any obligation

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)

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