Cincinnati, Ohio is one of several cities expanding equal access to bathroom facilities. Effective January 1, 2022, all single-occupancy toilet facilities in public buildings and places of public accommodation must be open to all persons, regardless of their sex, gender identity, physical or mental capacity, or familial status. Practically speaking, this means public buildings and places cannot designate single stalls as for only men or for only women. This effort aims to reduce barriers to accessing bathroom facilities and foster a safer environment for transgender and non-binary persons. It is not uncommon for transgender or non-binary persons to avoid using gendered bathroom facilities out of fear of confrontation, discrimination, or other adverse impacts. The ordinance also reduces disparities in access to childcare equipment, as many male-only stalls are not equipped with changing stations for fathers.
It is important to note that this ordinance is limited to single-occupancy stalls, meaning this ordinance does not apply to larger restrooms with multiple stalls. Only restrooms with a door and locking mechanism controlled by one user fall under this ordinance.
While this ordinance only applies to Cincinnati, it demonstrates the trend toward equal restroom access. The Equal Employment Opportunity Commission (EEOC) already requires employers to permit employees to use bathrooms which correspond with their gender identity. This ordinance simply extends that notion outside of just the workplace context and applies the equal access requirement to single stall toilet facilities.
The attorneys at Fishel Downey regularly advise employers on sex discrimination issues. If you have a specific question or scenario, and would like assistance, contact one of the attorneys at Fishel Downey Albrecht & Riepenhoff LLP at 614-221-1216.