Potty parity in the United States



Potty parity in the United States refers to laws and policies granting women the right to equitable access to restrooms in public places and workplaces. Spearheaded by women workers, potty parity has long been a pillar of both the feminist movement and the labor movement. Prior to the passage of potty parity legislation, women's restrooms in many workplaces and public places were either absent or insufficient. Despite the passage of legislation, equitable access to public toilets remains a problem for women in the United States. No federal legislation relates to provision of facilities for women; however, Occupational Safety and Health Administration regulations stipulate "toilet rooms separate for each sex" unless unisex toilets are provided. States with active potty parity laws include Arkansas, Illinois, Kentucky, Massachusetts, Nevada, Tennessee, Virginia, Washington, and West Virginia. Some states, including Alabama, Minnesota, and North Carolina have repealed their laws.

History
In the late 1800s and early 1900s, during the Progressive Era, almost all states and territories passed laws granting women workers the right to have toilets and washrooms in their workplaces.

Prior to the passage of potty parity laws, many government buildings and workplaces lacked restrooms for women. The first restroom for congresswomen in the United States Capitol was opened in 1962. Facilities for female U.S. senators on the Senate Chamber level were first provided in 1992. In 2011 the U.S. House of Representatives got its first women’s bathroom near the chamber (Room H-211 of the U.S. Capitol). It is only open to women lawmakers, not the public.

Federal legislation
No federal legislation grants potty parity for women. Occupational Safety and Health Administration regulations call for separate restrooms for each sex, unless unisex restrooms are provided. Segregation of toilet facilities by race was outlawed in the United States by the Civil Rights Act of 1964. Provision of disabled-access facilities was mandated in federal buildings by the Architectural Barriers Act of 1968 and in private buildings by the Americans with Disabilities Act of 1990.

Alabama
Alabama's law that employers must provide "separate water closets for females" was first passed in 1896. The law was repealed in 2015.

Arkansas
Arkansas first passed potty parity legislation in 1919. As of 2024, Arkansas law says that "There shall be provided in every factory, manufacturing establishment, workshop, or other place where six (6) or more males and females are employed separate toilets and washrooms for males and females."

California
In 1889, California passed manufacturing legislation mandating "separate closets for the sexes where both are employed".

In 1987, California passed the Restroom Equity Act mandating that all new public projects include equitable restrooms for women.

Colorado
Code of Colorado Regulations require public toilets "separate for each sex at the rate of two for the first 100 persons and one for each additional 100 persons or fractional part thereof."

Florida
Florida's repealed statute 553.141 formerly stated that a "building that is newly constructed after September 30, 1992, and that is a publicly owned building or a privately owned building that has restrooms open to the public must have a ratio of 3 to 2 water closets provided for women as the combined total of water closets and urinals provided for men, unless there are two or fewer fixtures for men." Florida statute 553.86 now states that the "Florida Building Commission shall incorporate into the Florida Building Code, to be adopted by rule pursuant to s. 553.73(1), a ratio of public restroom facilities for men and women which must be provided in all buildings that are newly constructed after September 30, 1992, and that have restrooms open to the public."

Illinois
In Illinois, the Equitable Restrooms Act institutes standards to achieve potty parity, including "At least one women's toilet stall for every 200 persons in the maximum legal capacity of the place of public accommodation".

Kentucky
Kentucky law states that "In a building accommodating males and females, it shall be presumed that the occupants will be equally divided between males and females, unless otherwise denoted on the plan application documents."

Michigan
In 1895, Michigan passed a law stating that any factory where "women are employed shall be kept in a cleanly state and free from effluvia and a sufficient number of closets for the use of each sex shall be provided."

Massachusetts
In 1887, Massachusetts become the first state to require separate public toilets for males and females.

Massachusetts law states that in "every industrial establishment and railroad establishment there shall be provided suitable, adequate and convenient water closets and washing facilities, separate for each sex and plainly so designated" in accordance with Massachusetts regulations. The law also states that no person is permitted to use a restroom designated for the opposite sex.

Minnesota
In 1893, Minnesota passed a manufacturing law stating that "Properly screened and ventilated dressing rooms and closets shall be provided in all factories, mills, and other buildings in which both sexes are employed."

Minnesota's law was repealed in 1973.

Missouri
In 1891, Missouri passed legislation stating that "Establishments where women or girls are employed must contain suitable places for them to wash and dress if unclean work has been performed" and that "suitable and separate closets" must be provided for both sexes.

As of 2024, the Missouri Code of State Regulations stipulates that "The employer's policies and practices must assure the appropriate physical facilities to both sexes. The employer may not refuse to hire men or women or deny men or women a particular job because there are no restrooms or associated facilities." The code also states that the bona fide occupational qualification exception to Missouri discrimination law is not applicable to "the necessity of providing separate facilities of a personal nature, such as restrooms or dressing rooms."

Nevada
Nevada law states that employers "employing in the same building or on the same premises five or more males and three or more females" must "provide separate lavatories or toilet rooms for each sex" and must not "fail to designate the same plainly by a printed or painted sign on the door of the lavatory or toilet room so provided". Violation is a misdemeanor.

New Jersey
In 1882, New Jersey passed manufacturing legislation stating that "Separate closets must be provided for each sex."

New York
In 1886, New York passed manufacturing legislation stating that "Provision is made for separate closets and dressing rooms for women in establishments where they are employed."

North Carolina
North Carolina's law guaranteeing "separate toilets for sexes" was repealed in 1993.

Ohio
In 1891, Ohio passed legislation regulating manufacturing that stated that inspectors "can also demand suitable closet arrangements for the sexes, with toilet and dressing rooms for females on the floors on which they work."

Pennsylvania
In 1889, Pennsylvania passed manufacturing legislation stating that "Suitable and proper wash and dressing rooms and closets must be provided where women are employed. These must be properly screened and ventilated and kept in a clean condition."

Rhode Island
In 1894, Rhode Island passed manufacturing legislation stating that "Proper closets shall be provided in all places where women and girls work".

Tennessee
Tennessee law states that "All persons employing female employees in any manufacturing or mercantile establishment shall provide separate privies or water closets for the female employees" and that "No male person shall enter the separate privies or water closets except for the purpose of repairing or cleaning the privies or water closets." Violation of the act is a misdemeanor.

Virginia
Virginia law states that "Public gathering places required by Board regulation to provide toilet facilities shall provide without charge at least one toilet for each sex."

Washington
Washington state employment law says that "You must have an appropriate number of toilets for each gender, based on the number of male and female employees at your workplace. For example, if you have thirty-seven men and seventeen women, you need to have three toilets for the men and two toilets for the women".

West Virginia
West Virginia law states that "Every factory, mercantile establishment, mill or workshop shall be provided with a sufficient number of water closets, and whenever both male and female persons are employed, separate water closets shall be provided for the use of each sex, and plainly marked by which sex they are to be used. No person or persons shall be allowed to use the closets assigned to the opposite sex."

Criticism
S.J. Quinney College of Law professor emeritus Terry Kogan has stated that there is a "common assumption that legally mandated sex-separation of public restrooms is a benign recognition of natural anatomical differences between men and women." Kogan believes that provisions in potty parity laws banning people from using restrooms designated for the opposite sex could can cause difficulties for assistants of disabled people, transgender people, parents who are tending to a child of the opposite sex, or women who need to use the men's restroom when the women's line is too long.