All Gender Restroom Law in California has Implications for All
Portable Restroom Operators
By Karleen Kos, PSAI Executive Director
On Sept. 29, California Governor Jerry Brown signed legislation
that will require all single - occupancy restrooms in any business
establishment, place of public accommodation, or government
agency to be identified as "all gender." These restrooms will
need to be universally accessible.
Portable uni ts are affected by the law.
The new law applies to "any business establishment, place of
public accommodation, or state or local government agency," and it is being touted as the most inclusive
restroom access law in the country. I ts requirements go into effect o n March 1, 2017. Public inspectors or
building officials may check for compliance during any inspection after that date.
The restrooms to which this law applies are toilet facilities with no more than one water closet and one urinal
and with a l ocking mechanism controlled by the user. For the portable sanitation industry, this includes all
free - standing single units and trailers with separate entrances into self - contained water closets. The law does
not cover trailers with gender - designated entra nces to multi - stalled areas.
Read the full text of California Assembly bill 1732 here.
Action is required.
Employers and persons responsible for ensuring public accommodation as defined
by law will need to change all signage used for their single - user restrooms. Portable
restroom operators should change all gender - specific signage by March 1 to indicate
the restroom is available for all users; that is, all gender - specific signage should be
replaced with gender - neutral signage. Manufacturers selling unit s for use in
California should also be aware of the law and adjust their signage to conform to
what is required.
As California goes, so goes the nation?
At present this law only pertains to California. Like many other laws that have first changed in California,
though, it is certainly possible this one will affect other areas. An indication of this is the March 2015 decision
of the Equal Employment Opportu nity Commission relating to restroom access for transgendered individuals
under federal law (read it here) and a June 2015 "Guide to Restroom Access for Transgender Workers"
published by the Occupational Safety and Health Administration (read it here).
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WEEKLY EDITION December 14, 2016