Virginia Code 59.1-604: Retail establishment; customer access to toilet facilities
A retail establishment that has an employee toilet facility shall allow any customer to use such employee toilet facility during normal business hours if:
Terms Used In Virginia Code 59.1-604
- Customer: means an individual who is lawfully on the premises of a retail establishment. See Virginia Code 59.1-603
- Eligible medical condition: means (i) any inflammatory bowel disease, including Crohn's disease, ulcerative colitis, or irritable bowel syndrome; (ii) the use of an ostomy device; or (iii) any other diagnosed medical condition, including pregnancy, that requires immediate access to a toilet facility. See Virginia Code 59.1-603
- Employee toilet facility: means a toilet facility in a retail establishment that is not a public restroom but is used by employees of the retail establishment. See Virginia Code 59.1-603
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Medical professional: means a physician, naturopathic physician, physician assistant, nurse, or nurse practitioner qualified to diagnose an eligible medical condition. See Virginia Code 59.1-603
- Retail establishment: means a place of business open to the general public for the sale of goods or services. See Virginia Code 59.1-603
1. The customer does not have immediate access to a public restroom;
2. The employee toilet facility is not located in an area where providing access would create an obvious health or safety risk to the customer or others or an obvious security risk to the retail establishment;
3. The customer provides the retail establishment with evidence of the customer’s eligible medical condition. Such evidence shall indicate that the customer suffers from an eligible medical condition and shall either be a copy of a statement signed by a medical professional on a prescription form or an identification card; and
4. At least two employees of the retail establishment are working onsite at the time the customer requests to use the employee toilet facility.
2024, c. 640.