Tag: transgender bathrooms

California’s Equal Restroom Access Act: 5 Facts You Need to Know

California’s Equal Restroom Access Act, which requires some establishments with single-occupancy restrooms to display signs indicating that the restroom is gender-neutral, has been in effect since March 1, 2017. Assembly Bill No. 1732 (AB 1732), which Governor Jerry Brown signed on September 29, 2016, requires these restrooms “to be identified as all-gender toilet facilities” and that the signs used to designate these restrooms comply with Title 24 of the California Code of Regulations.

1. Which Restrooms Are Covered?

The new law applies to “[a]ll single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency.” AB 1732 defines “single-user toilet facility” as “a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.”

2. What Does the Law Require?

The law simply requires businesses, agencies, and places of public accommodation to use the proper signage—i.e., gender-neutral signage—on any single-user restrooms that they have.

3. What Must the Sign Look Like?

The signs on single-user restrooms must comply with Title 24 of the California Code of Regulations. This means that each covered single-user restroom must, at minimum, have the following signage:

  • A sign with a geometric symbol of a triangle superimposed on a circle
  • A designation tactile (i.e., capable of being read by touch) sign that indicates that the facility is a restroom

4. Does the Law Require That Specific Language Be Used?

The law does not require any specific wording on the signs as long as the wording used is gender neutral. For example, the sign may state “Restroom,” “All-Gender Restroom,” “Gender-Neutral,” “Unisex,” or “All Welcome.” Similarly, language written in raised letters and/or Braille must also be gender-neutral.

Note that the City of San Francisco has more restrictive laws in place regarding the wording and images on restroom signs.

5. How Will the Law Be Enforced?

The law permits inspectors, building officials, and other local officials who are “responsible for code enforcement” to inspect a restroom for compliance with this section during “any inspection of a business or a place of public accommodation.”

Key Takeaways

Affected employers with single-occupancy restrooms on their premises should ensure that the signs on the single-user restrooms are in compliance with Title 24 of the California Code of Regulations. Employers should also take this opportunity to review the Fair Employment and Housing Council’s gender identity regulations that went into effect on July 1, 2017. The regulations’ restroom access provisions require an employer to allow an employee to use the restroom facility that corresponds to the employee’s gender identity or gender expression, regardless of the employee’s sex assigned at birth.

For more analysis check out The National Law Review.

This post was written by Hera S. Arsen  of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Non-Competes Call to Action, Transgender Bathrooms, Texas Court Blocks Blacklisting Rule: Employment Law This Week November 7, 2016 [VIDEO]

White House Issues Call to Action on Non-Competes

Our top story: The White House issues a call to action. The administration is calling on states to combat what it describes as the “gross overuse of non-compete clauses today.” The statement recommends legislation banning non-competes for certain categories of workers and prohibiting courts from narrowing overly broad agreements. New York Attorney General Eric Schneiderman answered the call immediately, announcing that he would introduce relevant legislation in 2017.

“President Obama’s call to action encouraged states to take action to do three things. One, to ban non-competes for certain types of employees, such as low-wage earners; two, to increase transparency in the way that employers communicated with employees about non-competes; and three, to incentivize employers to write non-competes that are enforceable. … It used to be that non-competes were subject to scrutiny in the courtroom, but now we’re seeing that scrutiny also in the media and in the political arena. … With scrutiny of non-competes occurring in additional fora, it’s important for employers to review their non-competes, both to make sure that they are enforceable and to make sure that they’re administered to appropriate levels of employees.”

High Court Will Hear Transgender Bathroom Case

The Supreme Court will examine the definition of “sex discrimination.” The High Court has agreed to hear a case involving a transgender student and his use of the boys’ bathroom at school. The legal issue at the center of the case is the interpretation of regulations implementing Title IX, which bans sex discrimination in schools. The Department of Education has put out guidance interpreting “sex discrimination” to include claims based on gender identity, and the Fourth Circuit deferred to that interpretation in this case. This case could have implications for other laws that prohibit sex discrimination, including Title VII of the Civil Rights Act.

Texas Court Blocks Fair Pay and Safe Workplaces Regulations

Federal contractors get a reprieve from the “blacklisting” rule. A Texas federal court issued a temporary nationwide injunction on portions of the Fair Pay and Safe Workplaces rule. The executive order includes controversial disclosure requirements for government contractors and restrictions on arbitration. The district court ruled that the prohibition on certain arbitration agreements conflicted with the Federal Arbitration Act, and the reporting requirements could allow contractors to be disqualified from obtaining contracts without due process.

New York City Council Passes First Freelancer Wage Protection Law

The New York City Council has passed the nation’s first legislation bolstering protections for freelancers. The “Freelance Isn’t Free” Act, which passed unanimously, implements penalties for employers who do not pay freelance workers within 30 days of services rendered. In addition, the Act requires a written contract for freelance work worth $800 or more. The contract must include an itemized accounting of the work to be performed and the rate of pay. Mayor Bill de Blasio is expected to sign the bill.

Tip of the Week

Brian Chevlin, Senior Vice President and General Counsel for Pernod Ricard USA, is here with some advice on how to build a committed legal team through a culture of appreciation.

ARTICLE BY

George Carroll Whipple, III
Epstein Becker & Green, P.C.
©2016 Epstein Becker & Green, P.C. All rights reserved.