SPONSOR: Matthiesen
This bill creates the "Employee Restroom and Locker Room Access Act," effective January 1, 2025. The Act does not apply to any other provision of Chapter 213, RSMo, concerning human rights and does not limit action under that chapter. The bill defines terms including, among others,"employee," "employer," "gender identity," "hostile work environment," and "sex." The bill contains findings and declares it the public policy of the state to prohibit employers from requiring employees to share multiple-occupancy restrooms, changing areas, or locker rooms with members of the opposite sex. Employers cannot require sharing restrooms or locker rooms with members of the opposite sex, but they may provide single-occupancy restrooms or locker rooms designated as unisex and gender-neutral facilities open to all employees regardless of gender identity in addition to facilities designated for single-sex use.
Under the Act, it is an unlawful employment practice to discriminate against an individual on the basis of sex in employee restroom use. An exception is established for employees who have completed a full medical procedure to change the employee's sex, regardless of whether the change is reflected on the employee's birth certificate. A general exception covers employees who require assistance to use the restroom or locker room and employees who provide such assistance.
The Commission on Human Rights will enforce the Act. Corrective actions available to the Commission upon finding an employer violation include paying damages to the employee for harm suffered, reinstatement to the employee's prior position, or other equitable relief. A willful violation is a misdemeanor, which upon conviction creates liability for a civil penalty of not more than $250 for each violation.
Statutes affected: