On March 1, 2017, AB 1732, or the Equal Restroom Access Act, went into effect.  The law seeks to combat gender identity discrimination by making it mandatory for all single occupancy restrooms in any business establishment, place of public accommodation, or government agency to be identified as all-gender toilet facilities.  For the purposes of this bill, a “single occupancy restroom” is defined as “a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.”

What this means for companies and employers is that any business with single-occupancy bathrooms must make the bathrooms gender-neutral.  Additionally, the restrooms should be identified as all-gender toilet facilities by signage that complies with Title 24 of the California Code of Regulations.  As of now, this Bill does not apply to multi-stall bathrooms, nor does it require any workplace to add to existing facilities.  Therefore, if your workplace only provides multi-stall bathrooms, then this law does not affect your place of work.

The bill allows an inspector, building official or other local official responsible for code enforcement to inspect for compliance with AB 1732.  While the bill does not provide for any penalty for non-compliance, employers and companies that fail to comply to run the risk of being sued for discrimination.

If you have questions regarding AB 1732 or any other employment laws, the attorneys at Navigato & Battin are here to offer assistance.