February 08, 2021 New York State Enacts Law Requiring That All Single Occupancy Restrooms be Designated as Gender-Neutral
KEEPING YOU INFORMED…
We are writing to advise you that Governor Cuomo has signed legislation amending Civil Rights Law § 79-p and Education Law § 409-m to require that, by March 23, 2021, all single occupancy bathroom facilities in public places be designated as gender-neutral. The term public place, for example, includes all NYS schools (public, non-public, and charter), public libraries, and town or village halls. There is no requirement to modify multi-occupancy bathroom facilities.
This new State law is consistent with the New York City law passed in 2016. Neither law requires business owners or schools to build new gender-neutral bathrooms. Instead, they require that all single-occupancy bathrooms remove gender specific signage such as “male” or “female” and replace it with updated gender-neutral signage “on or near the entry door of each facility.”
All signage must also remain compliant with the Americans with Disabilities Act (ADA) and applicable State laws. To ensure ADA compliance, New York public places must use New York’s version of the “Universal Symbol of Access,” which depicts an active wheelchair with a dynamic character leaning forward.
If you have any questions related to this memorandum or need assistance reviewing or updating signage or policies, please contact Michelle A. Mahabirsingh by email at mm@lambbarnosky.com, or any of our other attorneys by calling 631-694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
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© Lamb & Barnosky, LLP 2021