Yes, we believe your bank must designate its single-occupancy restrooms as “all-gender” rather than designating one for men and one for women. Illinois’ recently amended Equitable Restrooms Act (ERA) requires that “every single-occupancy restroom in a place of public accommodation or public building shall be identified as all-gender” and “outfitted with exterior signage that marks the single-occupancy restroom as a restroom and does not indicate any specific gender.”

Banks are included in the definition of “a place of public accommodation” in the ERA, and consequently your bank should comply with this law and designate all of its single-occupancy restrooms as “all-gender.”

For resources related to our guidance, please see:

• Equitable Restrooms Act, 410 ILCS 35/25(c) (“Notwithstanding any other provision of law, every single-occupancy restroom in a place of public accommodation or public building shall be identified as all-gender and designated for use by no more than one person at a time or for family or assisted use. Each single-occupancy restroom shall be outfitted with exterior signage that marks the single-occupancy restroom as a restroom and does not indicate any specific gender.”)

• Equitable Restrooms Act, 410 ILCS 35/25(a) (“In this Section: ‘Place of public accommodation’ has the same meaning provided in Section 5-101 of the Illinois Human Rights Act. ‘Single-occupancy restroom’ means a fully enclosed room, with a locking mechanism controlled by the user, containing a sink, toilet stall, and no more than one urinal.”)

• Illinois Human Rights Act, 775 ILCS 5/5-101(A)(6) (“Place of Public Accommodation. ‘Place of public accommodation’ includes, but is not limited to: . . . a . . . bank.”)