CRD outlines 2023 bills affecting enforcement and proposes rulemaking packages

Department staff told the Civil Rights Council that multiple 2023 laws will require new or revised enforcement guidance and, in some cases, regulatory work. Rachel Langston and Mario Block outlined priority statutes and next steps.

Key bills and department actions: Rachel Langston said CRD will begin accepting intakes on Jan. 1, 2024, for new claims created or clarified by recent legislation. The department flagged several items:

- SB 700 and AB 2188: CRD described an expansion of protections against employment discrimination based on non‑psychoactive cannabinoids and employer inquiries about off‑duty cannabis use. Staff said the new cannabis‑related FEHA claims may be complex and advised a cautious approach before opening a broad rulemaking.

- SB 848: Creates a new FEHA leave entitlement for reproductive loss (miscarriage, stillbirth, failed surrogacy, failed adoption or assisted reproduction). Staff said documentation is not required and employers must maintain confidentiality and not retaliate.

- SB 267: Prohibits housing providers from using credit history to screen applicants with government rent subsidies without offering an opportunity to provide alternative evidence of ability to pay; CRD will enforce the new protections.

- AB 1756, SB 727, AB 993, AB 1163, AB 521: Staff briefly summarized other bills (extension of small‑employer mediation pilot, new relief for trafficking survivors, CRD representation on a cannabis task force, updates to voluntary self‑identification categories, and potential Cal/OSHA rulemaking on single‑user toilet facilities) and noted possible regulatory or implementation implications.

Why it matters: Several statutes place new responsibilities on CRD and will change claim types and intake processes. Staff recommended three regulatory packages to implement the changes: (1) cannabis/AB 2188 & SB 700 guidance and potential rules; (2) new leave entitlements (bereavement and reproductive‑loss leave); and (3) source‑of‑income protections under SB 267. Staff said they plan to publish guidance and FAQs in December and to prioritize packages based on staff capacity and incoming complaint patterns.

Council members asked about staff capacity, timelines for OAL submission and review, and whether some efforts should be paused until intake data clarifies on-the-ground issues. Staff responded that some packages (leave entitlements) are likely lighter lifts because existing regulations can inform new text, while cannabis rules may require a larger effort once complaints arrive.

Provenance: Legislative summaries and recommendations are in the presentation segments beginning SEG 241 and elaborated through SEG 579; follow-up Q&A and capacity discussion occur SEG 593–740.