AB 1632 — Restroom access: medical conditions.

Summary

Existing law sets forth various requirements for providing restroom access in the workplace, place of public accommodation, or elsewhere, under specified circumstances, including, among others, provisions relating to employees, disabled travelers, baby diaper changing stations, and all-gender toilet facilities. This bill would, if certain conditions are met, require a place of business that is open to the general public for the sale of goods and that has a toilet facility for its employees to allow any individual who is lawfully on the premises of that place of business to use that toilet facility during normal business hours, even if the place of business does not normally make the employee toilet facility available to the general public. A willful or grossly negligent violation of this requirement would be subject to a civil penalty, not exceeding $100 per violation, without creating or implying a private right of action, and without applying to an employee. Under the bill, an employee would not be subject to discharge or any other disciplinary action by their employer for a violation of this requirement, unless the employee's action is contrary to an expressed policy developed by their employer pursuant to these provisions. Under the bill, conditions for the above requirement would include, among others, that the individual has an eligible medical condition or uses an ostomy device, that a public restroom is not immediately accessible to the individual, and that providing access would not create an obvious health or safety risk to the individual or obvious security risk to the place of business. The bill would define "eligible medical condition" as Crohn's disease, ulcerative colitis, other inflammatory bowel disease, irritable bowel syndrome, or another medical condition that requires immediate access to a toilet facility. The bill would permit the place of business to require the individual to present reasonable evidence of an eligible medical condition or use of an ostomy device. The bill would authorize the individual to satisfy that evidence requirement through a signed statement by a licensed physician, nurse practitioner, or physician assistant, on a specified form to be developed by the State Department of Public Health and posted on its internet website. The bill would require the department to implement these provisions in consultation with the Department of Consumer Affairs, and only to the extent not in conflict with nor construed to limit rights under civil rights law, as specified.

Bill Text

• Chaptered 09/30/22 - Chaptered Current pdf September 30, 2022
• Enrolled 08/25/22 - Enrolled pdf August 25, 2022
• Amended 08/16/22 - Amended Senate pdf August 16, 2022
• Amended 08/01/22 - Amended Senate pdf August 01, 2022
• Amended 04/21/22 - Amended Assembly pdf April 21, 2022
• Amended 03/22/22 - Amended Assembly pdf March 22, 2022
• Introduced 01/11/22 - Introduced pdf January 11, 2022
• AB1632 View text html

Action History

1. September 30, 2022

   Chaptered by Secretary of State - Chapter 893, Statutes of 2022.

2. September 30, 2022

   Approved by the Governor.

3. August 30, 2022

   Enrolled and presented to the Governor at 4 p.m.

4. August 23, 2022

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 6061.).

5. August 23, 2022

   Assembly Rule 77(a) suspended. (Ayes 60. Noes 16. Page 6056.)

6. August 22, 2022

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

7. August 22, 2022

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 4950.).

8. August 17, 2022

   Read second time. Ordered to third reading.

9. August 16, 2022

   Read third time and amended. Ordered to second reading.

10. August 09, 2022

    Read second time. Ordered to third reading.

11. August 08, 2022

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

12. August 01, 2022

    Read second time and amended. Re-referred to Com. on APPR.

13. June 30, 2022

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 29).

14. June 20, 2022

    From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 10. Noes 0.) (June 20). Re-referred to Com. on HEALTH.

15. June 09, 2022

    Action rescinded whereby the bill was referred to Com. on JUD.

16. June 08, 2022

    Referred to Coms. on B., P. & E.D., HEALTH and JUD.

17. May 26, 2022

    In Senate. Read first time. To Com. on RLS. for assignment.

18. May 25, 2022

    Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 0. Page 5028.)

19. May 12, 2022

    Read second time. Ordered to third reading.

20. May 11, 2022

    From committee: Do pass. (Ayes 12. Noes 0.) (May 11).

21. April 27, 2022

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 26). Re-referred to Com. on APPR.

22. April 25, 2022

    Re-referred to Com. on HEALTH.

23. April 21, 2022

    From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

24. April 19, 2022

    In committee: Set, first hearing. Hearing canceled at the request of author.

25. March 29, 2022

    From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 15. Noes 0.) (March 29). Re-referred to Com. on HEALTH.

26. March 23, 2022

    Re-referred to Com. on B. & P.

27. March 22, 2022

    From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

28. January 20, 2022

    Referred to Coms. on B. & P. and HEALTH.

29. January 12, 2022

    From printer. May be heard in committee February 11.

30. January 11, 2022

    Read first time. To print.

Sponsors

• Weber Pierson, M.D., Akilah · Primary
• Alex Lee · Cosponsor
• Bates · Cosponsor

Votes

Subjects