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2008 SESSION
088010456Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 59.1 a chapter numbered 50, consisting of sections numbered 59.1-550 through 59.1-553, as follows:
CHAPTER 50.
RESTROOM ACCESS ACT.
§ 59.1-550. Definitions.
As used in this chapter:
"Customer" means an individual who is lawfully on the premises of a retail establishment.
"Eligible medical condition" means Chron's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome, or any other medical condition that requires immediate access to a toilet facility.
"Retail establishment" means a place of business open to the general public for the sale of goods or services. "Retail establishment" does not include a filling station or service station, with a structure of 800 square feet or less, that has an employee toilet facility located within that structure.
§ 59.1-551. Retail establishment; customer access to restroom facilities.
A retail establishment that has a toilet facility for its employees shall allow a customer to use that facility during normal business hours if the toilet facility is reasonably safe and all of the following conditions are met:
1. The customer requesting the use of the employee toilet facility suffers from an eligible medical condition or utilizes an ostomy device;
2. Three or more employees of the retail establishment are working at the time the customer requests use of the employee toilet facility;
3. The retail establishment does not normally make a restroom available to the public;
4. The employee toilet facility is not located in an area where providing access would create an obvious security risk to the retail establishment; and
5. A public restroom is not immediately accessible to the customer.
§ 59.1-552. Liability.
A. A retail establishment or an employee of a retail establishment is not civilly liable for any act or omission in allowing a customer that has an eligible medical condition to use an employee toilet facility that is not a public restroom if the act or omission meets all of the following:
1. It is not willful or grossly negligent;
2. It occurs in an area of the retail establishment that is not accessible to the public; and
3. It results in an injury to or death of the customer or any individual other than an employee accompanying the customer.
B. A retail establishment is not required to make any physical changes to an employee toilet facility under this Act.
§ 59.1- 553. Penalty.
A retail establishment or an employee of a retail establishment that violates the provisions of this chapter shall be subject to a civil penalty of $100.