California 2023-2024 Regular Session Status: To Executive 3 D cosponsors

SB 731 — Employment discrimination: unlawful practices: work from home: disability.

Last action — Veto sustained.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Gavin Newsom (Democratic) on January 25, 2024.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the California Fair Employment and Housing Act (FEHA) , protects the right to seek, obtain, and hold employment without discrimination because of prescribed characteristics. FEHA makes various employment practices unlawful and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. FEHA makes it an unlawful practice for an employer or other entity to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. FEHA further makes it an unlawful practice for an employer or other entity to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition. This bill would make it an unlawful employment practice for an employer to fail to provide to an employee who is working from home at least 30 calendar days' advance notice before requiring the employee to return to work in person. The bill would prohibit an employee from being required to return to work in person until the employer provides notice in accordance with the bill. The bill would require that notice be written and sent by mail or email and include, at a minimum, prescribed text with information about the rights of an employee to reasonable accommodation for a disability. The bill would establish specified restrictions on the interpretation of its provisions.

Bill Text

Action History

  1. Veto sustained.

  2. Stricken from file.

  3. In Senate. Consideration of Governor's veto pending.

  4. Vetoed by the Governor.

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

  6. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2471.) Ordered to engrossing and enrolling.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Passed. (Ayes 74. Noes 0. Page 2965.) Ordered to the Senate.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 13. Noes 2.) (September 1).

  12. July 12 set for first hearing. Placed on APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 27). Re-referred to Com. on APPR.

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  15. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 14). Re-referred to Com. on JUD.

  16. Referred to Coms. on L. & E. and JUD.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 40. Noes 0. Page 1304.) Ordered to the Assembly.

  19. Ordered to special consent calendar.

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 7. Noes 0. Page 1182.) (May 18).

  22. Set for hearing May 18.

  23. May 1 hearing: Placed on APPR suspense file.

  24. Set for hearing May 1.

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

  26. From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 800.) (April 18).

  27. Set for hearing April 18.

  28. April 11 set for second hearing canceled at the request of author.

  29. Set for hearing April 11.

  30. March 28 set for first hearing canceled at the request of author.

  31. Set for hearing March 28.

  32. Referred to Com. on JUD.

  33. From printer. May be acted upon on or after March 20.

  34. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB731 Ashby et al. Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 22000
Republican 7000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

SB 731 Ashby Senate Third Reading By Kalra

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 46001
Republican 9004
Unaffiliated 19001
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Holden — Yea
Mathis — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Waldron — Yea
Santiago — Yea
Essayli — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Hoover, Josh Republican Not Voting
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Not Voting
Wallis, Greg Republican Yea

Official roll call →

Do pass as amended.

Passed 13 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 9001
Republican 1200
Unaffiliated 3000
Total 13201
% of votes cast 81%13%0%6%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Soria, Esmeralda Democratic Not Voting
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Nay
Dixon, Diane Republican Nay
Sanchez, Kate Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 1001
Republican 1100
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Maienschein — Yea
Essayli — Not Voting
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Dixon, Diane Republican Nay
Sanchez, Kate Republican Yea

Official roll call →

Special Consent

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 22000
Republican 7000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democratic 8000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Min — Yea
Wilk — Yea
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does SB 731 do?
Existing law, the California Fair Employment and Housing Act (FEHA) , protects the right to seek, obtain, and hold employment without discrimination because of prescribed characteristics. FEHA makes various employment practices unlawful and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. FEHA makes it an unlawful practice for an employer or other entity to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. FEHA further makes it an unlawful practice for an employer or other entity to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition. This bill would make it an unlawful employment practice for an employer to fail to provide to an employee who is working from home at least 30 calendar days' advance notice before requiring the employee to return to work in person. The bill would prohibit an employee from being required to return to work in person until the employer provides notice in accordance with the bill. The bill would require that notice be written and sent by mail or email and include, at a minimum, prescribed text with information about the rights of an employee to reasonable accommodation for a disability. The bill would establish specified restrictions on the interpretation of its provisions.
Who sponsors SB 731?
SB 731 is sponsored by Ashby, Angelique V. (Democratic), Kalra, Ash (Democratic), and Ortega, Liz (Democratic).
What is the current status of SB 731?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 731?
Track SB 731 free on One Click Politics — get push/email alerts when it moves.

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