Your California Business May Violate Transgender Restroom Law

When issues arise with your business' public restroom, it is likely a clogged toilet or an ADA violation. But what about a restroom with the wrong gender label?

As of March 1, 2017, all single-user restrooms in any business establishment that is open to the public must be identified as "all gender toilet facilities," as required by AB 1732 (codified as Section 11860 of the California Health and Safety Code). The law further requires an "all gender" or "gender neutral" label for any existing single person restroom.

While this new law is broad in its scope (it applies to even the smallest of mom and pop businesses), it does not require your business to construct a single-user restroom if none is currently on the premises. Specifically, the AB 1732 Committee Meeting Comments provides that this new law will not change existing laws with respect to other restroom facility requirements with under the existing state code or current local ordinances, but only changes the restroom "access designation."

For business owners who may violate this new law, compliance requires only a simple fix: replacing that "Women" or "Men" sign with a sign that indicates people of all genders, including transgender persons, are welcome.

Meghan DeSpain