Hello curious17-ga,
I should emphasize the disclaimer at the bottom of this page, which
indicates that answers and comments on Google Answers are general
information, and not intended to substitute for informed professional
legal advice. If you need a professional opinion, you should contact
a lawyer who practices in Illinois.
I have not found a general Illinois law or regulation on this issue.
There is an "Equitable Restrooms Act", but it appears to apply only to
places of public accommodation, not workplaces. There is also an
"Employee Washroom Act", but it does not explicitly provide for
separate restrooms for men and women, and does not seem to apply to
all workplaces. I have only found a regulation specifically providing
for separate restrooms in the workplace for rail carrier employees.
"Illinois Compiled Statutes - Public Health - Equitable Restrooms Act
- 410 ILCS 35/"
Illinois General Assembly
http://www.legis.state.il.us/legislation/ilcs/ch410/ch410act35.htm
"Illinois Compiled Statutes - Employment - Employee Washroom Act -820
ILCS 230/"
Illinois General Assembly
http://www.legis.state.il.us/legislation/ilcs/ch820/ch820act230.htm
"Title 92: Transportation -- Section 1545.110 Toilets"
Illinois General Assembly
http://www.legis.state.il.us/commission/jcar/admincode/092/092015450B01100R.html
However, I have found a federal regulation that deals with this topic.
29 CFR 1910.141(c)(1)(i) states:
"Except as otherwise indicated in this paragraph (c)(1)(i), toilet
facilities, in toilet rooms separate for each sex, shall be provided
in all places of employment in accordance with table J-1 of this
section. The number of facilities to be provided for each sex shall
be based on the number of employees of that sex for whom the
facilities are furnished. Where toilet rooms will be occupied by no
more than one person at a time, can be locked from the inside, and
contain at least one water closet, separate toilet rooms for each sex
need not be provided. Where such single-occupancy rooms have more
than one toilet facility, only one such facility in each toilet room
shall be counted for the purpose of table J-1."
Table J-1 is included immediately below that language.
"Regulations (Standards - 29 CFR) - Sanitation. - 1910.141" [section
1910.141(c)(1)(i) is approximately in the middle of the page]
U.S. Department of Labor - Occupational Safety & Health Administration
(OSHA)
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9790
OSHA has issued an intepretation of this regulation.
"Standard Interpretations - 04/06/1998 - Interpretation of 29 CFR
1910.141(c)(1)(i): Toilet Facilities"
U.S. Department of Labor - Occupational Safety & Health Administration
(OSHA)
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=22932
You might be interested in the work of law professor John F. Banzhaf
III on the subject of "potty parity" (his words, not mine!). Included
in his writings is a citation to a case, DeClue v. Central Illinois
Light Company, 223 F.3d 434 (7th Cir. 2000), which apparently
indicated that failure to provide adequate toilet facilities for
female employees may be sexual harassment. (As you can guess from the
case title, the Seventh Circuit includes Illinois.)
"Is Potty Parity a Legal Right?", by Law Professor John F. Banzhaf III
John F. Banzhaf III
http://banzhaf.net/docs/pparticle.html
"Potty Parity"
John F. Banzhaf III
http://banzhaf.net/pottyparity.html
I hope that this information is helpful.
- justaskscott-ga
I browsed the Illinois Compiled Statutes to find the two statutes I
mentioned, and searched Google for the following terms individually or
in various combinations:
bathroom[s]
restroom[s]
washroom[s]
toilet[s]
facility[ies]
sex
women
female
illinois
employer[s],[ee],[ees],[ment]
osha
1910.141
"1910.141(c)(1)(i)"
"Lynch v. Freeman, 817 F.2d 380"
"potty parity" |
,
0 Comments
)