New Bathroom Requirement for Tennessee Businesses Effective July 1, 2021

Bass, Berry & Sims PLC

Bass, Berry & Sims PLC

Effective July 1, 2021, all Tennessee public and private entities or businesses with facilities open to the general public, and which have a formal or informal policy allowing a member of either biological sex to use any public restroom within the facility, must post a notice stating such.

This notice must be posted in compliance with the Americans with Disabilities Act restroom signage standards and must state: “This facility maintains a policy of allowing the use of restrooms by either biological sex, regardless of the designation on the restroom.”

This notice requirement applies to all public restrooms, including locker rooms, shower facilities, dressing areas or other facilities where a person would have a reasonable expectation of privacy, and the notice should be posted at the entrance of the public restroom as well as the entrance of the building. The notice requirement does not apply to unisex, single-occupant restrooms or family restrooms intended for use by either biological sex.

Employers with facilities in Tennessee that are open to the general public should determine whether their restroom use policies would implicate this new posting requirement. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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