Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

In Bass v. County of Butte, 458 F.3d 978 (9th Cir. 2006), the Ninth Circuit ruled that because California’s Unruh Act and Disabled Persons Act (DPA) address public access for the disabled, not job discrimination, they do not incorporate the entire Americans with Disabilities Act (ADA).  Incorporating the full ADA would “drastically broaden their reach” and permit “an end-run around” state fair employment law.

The plaintiffs in Bass claimed discrimination because their employer failed to accommodate their work-related injuries.  The plaintiffs argued that Title I of the ADA was incorporated into the Unruh Act and PDA.

The district court granted summary judgment in favor of the defendants on all the claims. California courts have historically held that the Unruh Act does not apply to employment claims.