410 ILCS 39/ Restroom Access Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

410 ILCS 39/1

(410 ILCS 39/1)

Sec. 1. Short title. This Act may be cited as the Restroom Access Act.

(Source: P.A. 94-450, eff. 8-4-05.)

410 ILCS 39/5

(410 ILCS 39/5)

    Sec. 5. Definitions. In this Act:
    "Customer" means an individual who is lawfully on the premises of a retail establishment.

"Eligible medical condition" means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome, or any other medical condition that requires immediate access to a toilet facility.

"Retail establishment" means a place of business open to the general public for the sale of goods or services.
"Retail establishment" does not include a filling station or service station, with a structure of 800 square feet or less, that has an employee toilet facility located within that structure.

(Source: P.A. 94-450, eff. 8-4-05.)

410 ILCS 39/10

(410 ILCS 39/10)

Sec. 10. Retail establishment; customer access to restroom facilities.

A retail establishment that has a toilet facility for its employees shall allow a customer to use that facility during normal business hours if the toilet facility is reasonably safe and all of the following conditions are met:

(1) The customer requesting the use of the employee

toilet facility suffers from an eligible medical condition or utilizes an ostomy device.

(2) Three or more employees of the retail

establishment are working at the time the customer requests use of the employee toilet facility.

(3) The retail establishment does not normally make a

restroom available to the public.

(4) The employee toilet 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 retail establishment.

(5) A public restroom is not immediately accessible

to the customer.

(Source: P.A. 94-450, eff. 8-4-05.)

410 ILCS 39/15

(410 ILCS 39/15)

Sec. 15. Liability.

(a) A retail establishment or an employee of a retail establishment is not civilly liable for any act or omission in allowing a customer that has an eligible medical condition to use an employee toilet facility that is not a public restroom if the act or omission meets all of the following:

(1) It is not willful or grossly negligent.

(2) It occurs in an area of the retail establishment

that is not accessible to the public.

(3) It results in an injury to or death of the

customer or any individual other than an employee accompanying the customer.

(b) A retail establishment is not required to make any physical changes to an employee toilet facility under this Act.

(Source: P.A. 94-450, eff. 8-4-05.)

410 ILCS 39/20

(410 ILCS 39/20)

Sec. 20. Violation.

A retail establishment or an employee of a retail establishment that violates Section 10 is guilty of a petty offense.  The penalty is a fine of not more than $100.

(Source: P.A. 94-450, eff. 8-4-05.)

410 ILCS 39/99

(410 ILCS 39/99)

Sec. 99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 94-450, eff. 8-4-05.)