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California Expands Transgender Protections With Gender-Neutral Restroom Law

On September 29, 2016, California Governor Jerry Brown signed AB 1732, which will require single-user restrooms in California business establishments, government buildings, and places of public accommodation, to be universally accessible to all genders, and identified by signage as all gender. A “single-user” restroom is defined by statute as a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.  The new law, which takes effect on March 1, 2017, authorizes public inspectors or building officials to check for compliance during any inspection.

The signing of AB 1732, considered the most progressive statewide restroom access policy in the nation, follows a trend of greater protections for gender identity. Earlier this year, the California Department of Fair Employment and Housing issued guidelines for protecting transgender rights in the workplace. Similarly, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), has taken the position that all employees, including transgender employees, should have access to restrooms consistent with their gender identity.

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About this Author

Cary G Palmer, Attorney, Jackson Lewis Law Firm
Office Managing Principal

Cary G. Palmer is Office Managing Principal of the Sacramento, California, office of Jackson Lewis P.C. He represents management in employment, labor and benefits law and related litigation.

Mr. Palmer practices before the state and federal courts in California, the United States Department of Labor, the United States Equal Opportunity Commission, the California Department of Fair Employment and Housing, the California Division of Labor Standards Enforcement, and the California Workers’ Compensation Appeals Board. Mr. Palmer also defends management in statewide...

Nicholas Poper, Litigator, Wrongful Termination, Jackson Lewis Law FIrm

Nicholas D. Poper is an Associate in the Sacramento, California, office of Jackson Lewis P.C. Mr. Poper’s practice consists of defending employment matters in state and federal courts, arbitrations and administrative proceedings. Mr. Poper also defends management in litigation involving wrongful termination, discrimination, harassment, retaliation, wage and hour, and other employment-related actions.