Illinois Statutes410 ILCS 39/ Restroom Access Act.
(410 ILCS 39/1) Sec. 1. Short title. This Act may be cited as the Restroom Access Act. (Source: P.A. 94‑450, eff. 8‑4‑05.)|
(410 ILCS 39/5) Sec. 5. Definitions. In this Act: "Customer" means an individual who is lawfully on the premises of a retail establishment. "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome, or any other medical condition that requires immediate access to a toilet facility. "Retail establishment" means a place of business open to the general public for the sale of goods or services. "Retail establishment" does not include a filling station or service station, with a structure of 800 square feet or less, that has an employee toilet facility located within that structure. (Source: P.A. 94‑450, eff. 8‑4‑05.)|
(410 ILCS 39/10) Sec. 10. Retail establishment; customer access to restroom facilities. A retail establishment that has a toilet facility for its employees shall allow a customer to use that facility during normal business hours if the toilet facility is reasonably safe and all of the following conditions are met: (1) The customer requesting the use of the employee |
| toilet facility suffers from an eligible medical condition or utilizes an ostomy device. |
|
(2) Three or more employees of the retail |
| establishment are working at the time the customer requests use of the employee toilet facility. |
|
(3) The retail establishment does not normally make a |
| restroom available to the public. |
|
(4) The employee toilet facility is not located in an |
| area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the retail establishment. |
|
(5) A public restroom is not immediately accessible |
|
(Source: P.A. 94‑450, eff. 8‑4‑05.) |
(410 ILCS 39/15) Sec. 15. Liability. (a) A retail establishment or an employee of a retail establishment is not civilly liable for any act or omission in allowing a customer that has an eligible medical condition to use an employee toilet facility that is not a public restroom if the act or omission meets all of the following: (1) It is not willful or grossly negligent. (2) It occurs in an area of the retail establishment |
| that is not accessible to the public. |
|
(3) It results in an injury to or death of the |
| customer or any individual other than an employee accompanying the customer. |
|
(b) A retail establishment is not required to make any physical changes to an employee toilet facility under this Act. (Source: P.A. 94‑450, eff. 8‑4‑05.) |
(410 ILCS 39/20) Sec. 20. Violation. A retail establishment or an employee of a retail establishment that violates Section 10 is guilty of a petty offense. The penalty is a fine of not more than $100. (Source: P.A. 94‑450, eff. 8‑4‑05.)|
(410 ILCS 39/99) Sec. 99. Effective date. This Act takes effect upon becoming law. (Source: P.A. 94‑450, eff. 8‑4‑05.)|
Scroll for next Illinois statute…