§ 3002H. Access to restrooms.

281 words·~1 min read·/de/title-16/3002h

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A retail establishment that has a restroom facility for its employees, not usually accessible to the public, shall allow a customer to use that facility during normal business hours if the following conditions are met:

(1)The customer requesting the use of the employee restroom facility suffers from an eligible medical condition or uses an ostomy device, provided that the existence of the condition or device is documented in writing by a physician or other licensed medical professional, or an identification card that is issued by a nationally-recognized health organization or state agency and that indicates the customer suffers from an eligible medical condition or uses an ostomy device;

(2)Three or more employees of the retail establishment are working at the time the customer requests the use of the employee restroom facility;

(3)The employee restroom 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 establishment;

(4)Accessing the bathroom would not expose the customer to sensitive company documents, materials, or trade secrets;

(5)Accessing the bathroom would not cause the retail establishment to cease or significantly curtail normal business operations; and

(6)A public restroom is not immediately accessible to the customer.

(b)For purposes of this section, an “obvious health or safety risk” would include but is not limited to a situation where accessing the employee restroom facility requires the customer to traverse an area where manufacturing or heavy equipment is in use, items are stored on high shelves, adequate lighting is not present, the floor may be wet or slippery, or hazardous materials are used or stored.