California Supreme Court
NFIB is urging the 9th Circuit Court of Appeals to find that discriminatory intent is required in order for defendants to be liable for monetary damages for violations under California’s Unruh Civil Rights Act, which incorporates into the state law the Americans with Disability Act (ADA).
Status: DECIDED. Amicus brief filed in support of Del Taco on 12/11/08. Oral argument set for May 6, 2009. On June 11, 2009, the California Supreme Court answered a certified question from the 9th Circuit: under the Unruh Civil Rights Act, defendants can be liable for monetary damages for unintentional discrimination through ADA violations.