A. A retail establishment or the employee of such establishment shall not be civilly liable for any act or omission in allowing a customer with an eligible medical condition to use an employee toilet facility if the act or omission:

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Terms Used In Virginia Code 59.1-605

  • 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
  • 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. Is not willful or grossly negligent; and

2. Occurs in an area of the retail establishment that is not accessible to the public.

B. No retail establishment shall be required to make any changes to an employee toilet facility under this chapter.

2024, c. 640.