Current through Register Vol. 22-07, April 1, 2022
All covered entities shall allow individuals the
use of gender-segregated facilities, such as restrooms, locker rooms, dressing
rooms, and homeless or emergency shelters, that are consistent with that
individual's gender expression or gender identity.
In such facilities where undressing in the presence of others
occurs, covered entities shall allow access to and use of a facility consistent
with that individual's gender expression or gender identity.
Cannot require use inconsistent
with gender expression or gender identity.
A covered entity shall not
request or require an individual to use a gender-segregated facility that is
inconsistent with that individual's gender expression or gender identity, or
request or require an individual to use a separate or gender-neutral facility.
(a) If another person expresses concern or
discomfort about a person who uses a facility that is consistent with the
person's gender expression or gender identity, the person expressing discomfort
should be directed to a separate or gender-neutral facility, if
(b) Any action taken
against a person who is using a restroom or other gender-segregated facility,
such as removing a person, should be taken due to that person's actions or
behavior while in the facility, and must be unrelated to gender expression or
gender identity. The same standards of conduct and behavior must be
consistently applied to all facility users, regardless of gender expression or
Provision of options encouraged. Whenever feasible, covered entities are
encouraged to provide options for privacy, such as single-use gender-neutral
bathrooms or private changing areas, that are available to any individual
Admin. Code §
15-24-071, Filed 11/25/2015, effective
Reviser's note: The typographical error in the
above section occurred in the copy filed by the agency and appears in the
Register pursuant to the requirements of