CRD outlines new laws coming in 2024 and suggests regulatory priorities, including cannabis, reproductive‑loss leave and source‑of‑income protections

Department staff briefed the Civil Rights Council on statutes enacted in 2023 that will take effect Jan. 1, 2024, and on regulatory priorities the department recommends to implement them.

Rachel Langston, assistant chief counsel, outlined several laws the department will enforce or monitor: Senate Bill 700 (amending last year’s AB 2188 regarding non‑psychoactive cannabinoids), Assembly Bill 2188 (prohibiting employer discrimination based on off‑duty cannabis use and drug‑screen results showing non‑psychoactive cannabinoids), Senate Bill 848 (a new leave entitlement for reproductive loss), Senate Bill 267 (prohibiting housing providers from relying on credit history for applicants receiving government rent subsidies without first offering alternative evidence of ability to pay), and Senate Bill 727 (new civil relief for human‑trafficking survivors). Langston also described other bills that affect department work, including AB 1756 (extension of the small employer family leave mediation pilot), AB 1228 (fast food council and related potential overlaps in standards), AB 993 (adding CRD to the state cannabis task force), AB 1163 (adding intersectionality to voluntary self‑identification forms) and AB 521 (a Cal/OSHA rulemaking about single‑user toilet facilities that could intersect with department rules).

Langston said the department will begin accepting intake for some newly enforceable rights on Jan. 1, 2024, and expects to publish guidance and FAQs in December. “We are excited to be a part of this and invite you to visit the CRD website to learn more,” Langston said during the presentation.

Staff proposed several possible regulatory packages for council consideration, including a package addressing cannabis‑related employment protections (covering AB 2188 and SB 700), a package implementing the new reproductive‑loss leave entitlement and other leave changes, and a package addressing the new source‑of‑income protections in SB 267.

Council members discussed staff bandwidth and prioritization. Adam Romero, deputy director of executive programs, said the department is considering bringing on temporary legislative and regulatory help in 2024 and that the small employer mediation pilot has seen roughly “around a 100 or so” mediation efforts but less utilization than expected. Staff and council members debated whether to begin rulemaking immediately on cannabis protections or to wait for complaint patterns to emerge; several members suggested pausing some work until additional complaints and data arrive.

Council members also discussed the automated decision systems (AI) regulatory package, which staff said is entering the formal rulemaking notice stage and will generate significant public comment. Staff recommended forming or assigning subcommittees to prioritize rulemaking workloads and to ensure subcommittee members are available to review final statements of reasons and OAL comments when filing occurs.

Staff highlighted potential points of overlap with other state entities—most notably the fast food council and Cal/OSHA—and recommended close interagency coordination where new standards could intersect with the department’s enforcement responsibilities. The council agreed to revisit prioritization and subcommittee structure early in 2024.