Assembly Bill 1632

If you haven’t heard, businesses are required to provide medical access to employee bathrooms. Effective January 1, 2023, if a business is open to the public for the sale of goods; and has a toilet facility for its employees must allow any individual who is lawfully on its premises during normal business hours to use its employee toilet facility if they meet one of the following requirements:

  • 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.

As a business, you may require reasonable evidence that an individual has an eligible medical condition or uses an ostomy device. If requested, the business must accept a signed statement by a physician, nurse practitioner, or physician assistant as sufficient proof.

Some eligible medical conditions include Crohn’s disease, ulcerative colitis, other inflammatory bowel diseases, irritable bowel syndrome, or another medical condition that requires immediate access to a toilet facility. Under the new law businesses with employee toilet facilities may be fined up to $100 if they fail to open those facilities to individuals with eligible conditions under certain circumstances.

The full bill can be reviewed here: Assembly Bill 1632

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