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A bill that didn’t get much attention back in January is something many employers need to be aware of to avoid fines and lawsuits. California enacted Assembly Bill 1632, which requires many businesses to allow certain individuals to use their employee toilet facilities, even if they do not normally make those facilities available to the general public. The new requirement went into effect on Jan. 1, 2023.
Covered Businesses
- A place of business is subject to the new requirement if it:
- Is open to the general public for the sale of goods; and
- Has a toilet facility for its employees.
Conditions for New Requirement
A covered place of business must allow any individual who is lawfully on its premises during normal business hours to use its employee toilet facility if:
The individual has an eligible medical condition or uses an ostomy device;
Three or more employees are working onsite at the time of the request;
The facility is not in an employee changing area or an area where providing access would create obvious health, safety, or security risks; and
A public restroom is not immediately accessible.
