CaliforniaEffective March 1, California’s Equal Restroom Access Act (ERAA) will require some single-occupancy restrooms to have signs indicating they are gender-neutral.

Which Restrooms Does the ERAA Cover in California?

The ERAA applies to all single-occupancy restrooms in businesses, government buildings, and places of public accommodation. “Single-occupancy” is defined as a “toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.”

What Does the ERAA Require?

In short, the ERAA requires single-occupancy restrooms to be identified as gender-neutral by signs. The signs must comply with Title 24 of the California Code of Regulations.

Each gender-neutral restroom must have at least a geometric sign and a designation tactile sign (i.e. signs including raised letters, accompanied by duplicative Braille, that identify the restroom). The signage is subject to very specific requirements, under Title 24, and companies should seek counsel regarding these detailed requirements. Employers should keep in mind that the raised letters and Braille must be gender-neutral, even though no specific wording is required. For example, the sign can state “Restroom,” “All-Gender Restroom” or “Unisex Toilets” or “Gender-Neutral Restroom.”

What Should Employers Do?

Inspectors, building officials, or other local officials responsible for code enforcement will be authorized to inspect for compliance with these provisions. Therefore, affected employers should ensure all single-occupancy restrooms have compliant signs. Because of the detailed requirements, they should contact an attorney at Jackson Lewis for advice if questions arise.

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Photo of Susan E. Groff Susan E. Groff

Susan E. Groff is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. She advises and counsels management on various employment related issues and is Co-Leader of the California Advice and Counsel Resource Group.

Ms. Groff advises employers on complying…

Susan E. Groff is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. She advises and counsels management on various employment related issues and is Co-Leader of the California Advice and Counsel Resource Group.

Ms. Groff advises employers on complying with federal and California requirements for disability accommodation and protected leaves of absence.

She also counsels employers on a host of other employment issues, including wage and hour laws, harassment and discrimination complaints, workplace investigations, reductions in force, and discipline and termination questions. Ms. Groff further conducts training and seminars on employment related issues, including sexual harassment prevention training.

Furthermore, Ms. Groff has extensive experience exclusively representing employers in labor and employment disputes. She has defended employers in employment litigation, including actions involving sexual harassment, discrimination on the basis of sex, age, race, religion, and disability, wrongful termination, and wage and hour matters, including class actions. Ms. Groff has litigated matters from inception through the appellate stage before California state and federal courts and represents employers in proceedings before state and federal administrative agencies and tribunals.