Employment discrimination: unlawful practices: work from home: disability.
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 status
vetoed
4 of 5 stages cleared
Introduction
Feb 2023
Committee Review
Jun 2023
Senate Passage
May 2023
Assembly Passage
Sep 2023
Vetoed
Jan 2024
Introduced Feb 17, 2023
Vetoed Jan 25, 2024
Floor votes · Senate May 25, 2023 · Assembly Sep 6, 2023
How they voted
40–0
Passed
Total votes 40
May 25, 2023
D
Democratic31
100% Yea
R
Republican9
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
34
Key actions
11
Committee
5
Amendments
7
Jan 25, 2024
Vetoed
Veto sustained.
upper
Oct 8, 2023
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Oct 8, 2023
Vetoed
Vetoed by the Governor.
upper
Sep 7, 2023
Upper · Passed
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2471.) Ordered to engrossing and enrolling.
upper
Sep 6, 2023
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 6, 2023
Lower · Passed
Read third time. Passed. (Ayes 74. Noes 0. Page 2965.) Ordered to the Senate.
lower
Sep 1, 2023
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Sep 1, 2023
Lower · Passed
From committee: Do pass as amended. (Ayes 13. Noes 2.) (September 1).
lower
Jun 27, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 27). Re-referred to Com. on APPR.
lower
Jun 19, 2023
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
lower
Jun 15, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 14). Re-referred to Com. on JUD.
lower
Jun 8, 2023
Committee
Referred to Coms. on L. & E. and JUD.
lower
May 25, 2023
Upper · Passed
Read third time. Passed. (Ayes 40. Noes 0. Page 1304.) Ordered to the Assembly.
upper
May 18, 2023
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 1182.) (May 18).
upper
Apr 20, 2023
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 19, 2023
Upper · Passed
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).
upper
Mar 1, 2023
Committee
Referred to Com. on JUD.
upper
Feb 17, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Angelique Ashby
DDemocratic
Co
Ash Kalra
DDemocratic
Co
Liz Ortega
DDemocratic
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