AB 709

This bill requires a retail establishment that has a toilet facility that is

designated for use by employees to allow a person who has a certain type of medical

condition, or who uses an ostomy device, to use the employees' toilet facility under

certain conditions. The conditions are that the person has either a written statement

from a physician indicating that the person has an eligible medical condition or uses

an ostomy device, or the person has an identification card issued by an entity that

is approved by the Department of Health Services to issue such cards; the person

requests use of the toilet facility during normal business hours and while at least

three employees are working; the toilet facility is not located in an area where access

by the person creates a health or safety risk to the person or a security risk for the

retail establishment; and the retail establishment does not have a toilet facility that

is open to the public and no public bathroom is immediately accessible to the person.

Under the bill, a person who violates the requirement to allow access to an

employees' toilet facility is subject to a civil forfeiture. In addition, a person who

forges, alters, transfers, or possesses a forged or altered physicians' statement or

identification card indicating that a person has an eligible medical condition or uses

an ostomy device is subject to a civil forfeiture. Finally, under the bill, a retail

establishment and its employees are immune from civil liability for the death of or

injury to persons who use an employees' toilet facility in accordance with the access

provision created in the bill.