Karina Hayday is a Legal Content Intern with Illinois Legal Aid Online. 

People should live according to their internal gender identity. Employers and schools have rules to make public spaces more inclusive. Access to restrooms fitting an individual's gender identity is one of them.

Public restrooms

The U.S. Supreme Court extended the Civil Rights Act to gender identity and sexual orientation. It explains discrimination against LGBTQ+ people. It says there must be fair access to facilities. 

Illinois allows people to use the bathroom of their choice. You cannot be denied access to a public restroom.

In Illinois, single-use bathrooms cannot have gender markers. All public places must make single-use bathrooms gender-neutral. Also, Illinois passed a bathroom bill in April 2021. If it becomes law, it would allow businesses to have multi-stall gender-neutral bathrooms.

Schools

In Illinois, transgender students have access to locker rooms that fit their gender identity. Schools must allow students access to the locker room of their choice. It is discriminatory to require transgender students to change in a single bathroom.

Schools cannot require students to use a private changing area or curtain. It is a form of discrimination. 

Workplaces

There are federal rules that employers must follow about bathrooms and gender.

The Occupational Safety and Health Administration (OSHA) requires employers to provide employees with toilet facilities. They cannot restrict an employee’s restroom access. Only when there is a reason restriction may apply. An employer also cannot say employee is using the wrong restroom. It violates the employee’s privacy and can constitute harassment. Transgender employees should have access to bathrooms that match their gender identity. 

The Equal Employment Opportunity Commission (EEOC) also has rules for work bathrooms. Employers must provide separate bathrooms, locker rooms, or single use bathrooms. Employers may not bar anyone from using bathrooms that match their gender identity. Anyone can use the facility of their choice. Employers may provide unisex restrooms for any employee who so chooses. However, an employer cannot require a transgender person to use a single unisex restroom. 

This rule applies to:

• Private sector employers with 15 or more employees, 
• State and local government employers with 15 or more employees, and 
• Federal government employers. 

This rule does not cover employers with 15 or fewer employees. It also does not cover tribal nations. 

If you believe your right to bathroom access has been violated, then you can file a complaint with the EEOC.

State laws (outside of Illinois)

Other states have also outlawed discrimination in public places. If discrimination is illegal if it is because of individual's sexual orientation and gender identity. For example, Iowa passed the Iowa Civil Rights Act. This Act allows a person to use the bathroom of their choice. 18 states, including Illinois, have employment laws that protect employees based on gender identity. 

Some states have proposed bills making a person use a separate bathroom facility from their gender identity. Other states have made it nearly illegal. For example, suppose a person is told to leave a bathroom that does not correspond to their state-recognized sex. In that case, a person could be cited or arrested for disturbing the peace. 

These bills are based on the myth that transgender-inclusive policies are a safety risk. Allowing a person to use the bathroom of their choice does not impact bathroom safety. Evidence shows preventing transgender people from expressing their gender identity is bad for their mental health. It also increases potential harassment and stigma for transgender people. Individuals may face a greater risk of violence when using a facility that does not correspond with their gender identity. It is illegal for anyone in a bathroom to: 

• Harass, 
• Stalk, 
• Commit violence, or 
• Commit sexual assault.  

Police officers have affirmed that transgender-inclusive policies don't cause safety concerns. Still, several states have proposed restricting transgender peoples’ right to access public restrooms. For example, North Carolina passed a bill that restricted people to the bathroom on their birth certificate. The state later repealed this law. However, some states to this date are still considering such bills. 

For more information, please visit the National Center for Transgender Equality.