T67CH98

Title 67 > T67CH98

Sections (3)

67-9801

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 98 PROTECTING THE PRIVACY OF WOMEN 67-9801. Definitions. As used in this chapter: (1) Changing room means a room or area in which a person may be in a state of undress in the presence of others, including a locker room or shower room. (2) Correctional facility means a state correctional facility or local correctional facility as defined in section 19-4201A , Idaho Code. (3) Covered entity means a correctional facility, domestic violence shelter, juvenile correctional center, or state educational institution. (4) Domestic violence shelter means a state-operated facility that provides services, including food, housing, counseling, and assistance to victims of domestic violence or abuse and their minor dependent children in this state. (5) Female has the same meaning as set forth in section 73-114 , Idaho Code. (6) Juvenile correctional center means any state-operated residential facility or facility operated pursuant to a contract with the state that provides twenty-four (24) hour supervision and confinement for juvenile offenders committed to the custody of the department of juvenile corrections. (7) Male has the same meaning as set forth in section 73-114 , Idaho Code. (8) Multi-occupancy means a space that is designated for use by multiple persons simultaneously. (9) Restroom means a room that includes one (1) or more toilets or urinals. (10) Sex has the same meaning as set forth in section 73-114 , Idaho Code. (11) Sleeping quarters means a room with more than one (1) bed and in which more than one (1) individual is housed overnight. (12) State educational institution means the university of Idaho, Lewis-Clark state college, Idaho state university, Boise state university, the school for the deaf and the blind, and any public community colleges under the general supervision, governance, and control of the state board of education. History: [67-9801, added 2025, ch. 251, sec. 1, p. 1114.]

67-9802

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 98 PROTECTING THE PRIVACY OF WOMEN 67-9802. safety and privacy in covered entities. (1) Any covered entity shall designate each multi-occupancy restroom, changing room, and sleeping quarters for the exclusive use by either females or males. (2) Every restroom, changing room, or sleeping quarters within a covered entity that is designated for females or males shall only be used by members of that sex. No individual shall enter a restroom, changing room, or sleeping quarters that is designated for females or males unless such individual is a member of that sex. (3) A covered entity shall take reasonable steps to provide individuals with privacy in restrooms, changing rooms, and sleeping quarters from members of the opposite sex. (4) The provisions of this section shall not apply to an individual who enters a restroom, changing room, or sleeping quarters designated for the opposite sex in any of the following circumstances: (a) To perform custodial services or maintenance; (b) To render medical assistance; (c) To provide law enforcement assistance or to supervise any arrestee, detainee, or inmate in a custodial setting; (d) To provide services or render aid during a natural disaster, a declared emergency, or when necessary to prevent a serious threat to good order or safety; (e) To use a single-user facility designated for the opposite sex, if such single-user facility is the only facility reasonably available at the time of the person’s use of the facility; (f) To use restrooms, changing rooms, and sleeping quarters that have been temporarily designated for use by people of that person’s biological sex; (g) To provide coaching or athletic training during athletic events; or (h) To accompany and render assistance to a person who is in need of assistance when the person rendering assistance is: (i) A family member or a legal guardian; or (ii) The designee of the person in need of assistance and the designee is not a member of the designated sex for the single-sex restroom, changing facility, or sleeping quarters. (5) Nothing in this section shall be construed to prohibit a covered entity from: (a) Adopting policies necessary to accommodate persons protected under the Americans with disabilities act, young children in need of assistance, or elderly persons requiring aid; (b) Establishing single-occupancy restrooms, changing rooms, or sleeping quarters or family restrooms, changing rooms, or sleeping quarters; or (c) Redesignating a multi-occupancy restroom, changing room, or sleeping quarters designated for exclusive use by one (1) sex to a designation for exclusive use by the opposite sex. (6)(a) A state educational institution shall provide a reasonable accommodation to any student or employee who: (i) For any reason, is unwilling or unable to use a multi-occupancy restroom, changing room, or sleeping quarters designated for the person’s sex; and (ii) Provides a written request for reasonable accom

67-9803

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 98 PROTECTING THE PRIVACY OF WOMEN 67-9803. Remedies. (1) An individual who, while accessing a restroom or changing room designated for use by such individual’s sex, encounters a person of the opposite sex in such restroom or changing room shall have a private cause of action for declaratory and injunctive relief against the covered entity if the covered entity: (a) Provided the person permission to use a restroom or changing room of the opposite sex; or (b) Failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing room of the opposite sex. (2) An individual who is required by the covered entity to share sleeping quarters with a person of the opposite sex shall have a private cause of action for declaratory and injunctive relief against the covered entity. (3) All civil actions brought pursuant to this section must be initiated within two (2) years after the violation occurred. An individual aggrieved under the provisions of this section who prevails in court may recover reasonable attorney’s fees and costs from the offending covered entity. History: [67-9803, added 2025, ch. 251, sec. 1, p. 1115.]