No, we do not believe that banks are required to put baby changing tables in their gender-neutral restrooms.

Although the Equitable Restrooms Act (ERA) requires that “public building[s] with restrooms open and accessible to the public” have at least one baby diaper changing station in both the women’s restroom and the men’s restroom, or in a restroom accessible to both men and women, we do not believe that banks are “public buildings” for the purposes of this section of the ERA.

In the ERA, a “public building” includes: (1) a “place of public accommodation” as defined in Section 10 of the ERA, (2) a State building, (3) a retail store of more than 5,000 square feet that contains a restroom open to the public and (4) a restaurant that meets certain criteria. Section 10 defines a “place of public accommodation” as a “sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility or a special event center in a public park.” The ERA does not define the term “retail store,” but we do not believe a bank would be deemed to be a retail store as that term is commonly understood, since banks do not sell merchandise to consumers. 

Additionally, we note that the recent amendment to the ERA requiring “all gender” signage on single-occupancy restrooms relies on a different definition of “place of public accommodation” than the other sections of the ERA. For purposes of the “all gender” signage requirements, a “place of public accommodation” does include banks.

For resources related to our guidance, please see:

• Equitable Restrooms Act, 410 ILCS 35/18(b) (“Every public building with restrooms open and accessible to the public shall have: (1) at least one safe, sanitary, convenient, and publicly accessible baby diaper changing station that is accessible to women entering a restroom provided for use by women and at least one safe, sanitary, convenient, and publicly accessible baby diaper changing station that is accessible to men entering a restroom provided for use by men; or (2) at least one safe, sanitary, convenient, and publicly accessible baby diaper changing station that is accessible to both men and women.”)

• Equitable Restrooms Act, 410 ILCS 35/18(a) (“‘Public building’ means: (1) a place of public accommodation, as that term is defined in Section 10; (2) a State building open to the public; (3) a retail store of more than 5,000 square feet that contains a restroom open to the public; 4) a restaurant that meets the following criteria: . . .”)

• Equitable Restrooms Act, 410 ILCS 35/10 (“As used in this Act, ‘place of public accommodation’ means a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility or a special event center in a public park. This definition does not include hotels, restaurants or schools.”)

• Merriam-Webster.com, Definition of “retail store” (“a place of business usually owned and operated by a retailer but sometimes owned and operated by a manufacturer or by someone other than a retailer in which merchandise is sold primarily to ultimate consumers”)

• Merriam-Webster.com, Definition of “merchandise” (“the commodities or goods that are bought and sold in business : WARES”)

• 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.”)