Potty parity in the United States refers to laws and policies granting women the right to equitable access to restrooms in public places and workplaces. Spearheaded by women workers, potty parity has long been a pillar of both the feminist movement and the labor movement.[1] Prior to the passage of potty parity legislation, women's restrooms in many workplaces and public places were either absent or insufficient. Despite the passage of legislation, equitable access to public toilets remains a problem for women in the United States.[2] No federal legislation relates to provision of facilities for women.[3] States with active potty parity laws include Illinois, Kentucky, Massachusetts, Nevada, Tennessee, Virginia, and Washington. Some states, including Alabama and Florida, have repealed their laws.

History

In the late 1800s and early 1900s, during the Progressive Era, almost all states and territories passed laws granting women workers the right to have toilets and washrooms in their workplaces.[1]

Prior to the passage of potty parity laws, many government buildings and workplaces lacked restrooms for women.[4] The first restroom for congresswomen in the United States Capitol was opened in 1962.[5] Facilities for female U.S. senators on the Senate Chamber level were first provided in 1992.[6] In 2011 the U.S. House of Representatives got its first women’s bathroom near the chamber (Room H-211 of the U.S. Capitol). It is only open to women lawmakers, not the public.[7]

Legislation by jurisdiction

Federal legislation

No federal legislation grants potty parity for women. Segregation of toilet facilities by race was outlawed in the United States by the Civil Rights Act of 1964. Provision of disabled-access facilities was mandated in federal buildings by the Architectural Barriers Act of 1968 and in private buildings by the Americans with Disabilities Act of 1990.[3]

Summary of legislation by jurisdiction

Jursidiction Year(s) enacted Year(s) repealed Text
 Alabama 1896 Repealed [8]
 Alaska
 Arizona
 Arkansas
 California 1889;[1] 1987
 Colorado
 Connecticut
 Delaware
 Florida Repealed
 Georgia (U.S. state)
 Hawaii
 Idaho
 Illinois Active [9]
 Indiana
 Iowa
 Kansas
 Kentucky Active [10]
 Louisiana
 Maine
 Maryland
 Massachusetts Active [11]
 Michigan 1895[1]
 Minnesota 1893[1]
 Mississippi
 Missouri 1891[1]
 Montana
 Nebraska
 Nevada Active [12]
 New Hampshire
 New Jersey 1882[1]
 New Mexico
 New York 1886[1]
 North Carolina
 North Dakota
 Ohio 1891[1]
 Oklahoma
 Oregon
 Pennsylvania 1889[1]
 Puerto Rico
 Rhode Island 1894[1]
 South Carolina
 South Dakota
 Tennessee Active [13]
 Texas
 Utah
 Vermont
 Virginia Active [14]
 Washington, D.C.
 Washington (state) Active [15]
 West Virginia
 Wisconsin
 Wyoming

Alabama

Alabama's law that employers must provide "separate water closets for females" was first passed in 1896. The law was repealed in 2015.[8]

California

In 1889, California passed manufacturing legislation mandating "separate closets for the sexes where both are employed".[1]

In 1987, California passed the Restroom Equity Act mandating that all new public projects include more restrooms for women.[16]

Illinois

In Illinois, the Equitable Restrooms Act institutes standards to achieve potty parity, including "At least one women's toilet stall for every 200 persons in the maximum legal capacity of the place of public accommodation".[9]

Kentucky

Kentucky law states that "In a building accommodating males and females, it shall be presumed that the occupants will be equally divided between males and females, unless otherwise denoted on the plan application documents."[10]

Michigan

In 1895, Michigan passed a law stating that any factory where "women are employed shall be kept in a cleanly state and free from effluvia and a sufficient number of closets for the use of each sex shall be provided."[1]

Massachusetts

Massachusetts law states that in "every industrial establishment and railroad establishment there shall be provided suitable, adequate and convenient water closets and washing facilities, separate for each sex and plainly so designated" in accordance with Massachusetts regulations. The law also states that no person is permitted to use a restroom designated for the opposite sex.[11]

Minnesota

In 1893, Minnesota passed a manufacturing law stating that "Properly screened and ventilated dressing rooms and closets shall be provided in all factories, mills, and other buildings in which both sexes are employed."[1]

Missouri

In 1891, Missouri passed legislation stating that "Establishments where women or girls are employed must contain suitable places for them to wash and dress if unclean work has been performed" and that "suitable and separate closets" must be provided for both sexes.[1]

Nevada

Nevada law states that employers "employing in the same building or on the same premises five or more males and three or more females" must "provide separate lavatories or toilet rooms for each sex" and must not "fail to designate the same plainly by a printed or painted sign on the door of the lavatory or toilet room so provided". Violation is a misdemeanor.[12]

New Jersey

In 1882, New Jersey passed manufacturing legislation stating that "Separate closets must be provided for each sex."[1]

New York

In 1886, New York passed manufacturing legislation stating that "Provision is made for separate closets and dressing rooms for women in establishments where they are employed."[1]

Ohio

In 1891, Ohio passed legislation regulating manufacturing that stated that inspectors "can also demand suitable closet arrangements for the sexes, with toilet and dressing rooms for females on the floors on which they work."[1]

Pennsylvania

In 1889, Pennsylvania passed manufacturing legislation stating that "Suitable and proper wash and dressing rooms and closets must be provided where women are employed. These must be properly screened and ventilated and kept in a clean condition."[1]

Rhode Island

In 1894, Rhode Island passed manufacturing legislation stating that "Proper closets shall be provided in all places where women and girls work".[1]

Tennessee

Tennessee law states that "All persons employing female employees in any manufacturing or mercantile establishment shall provide separate privies or water closets for the female employees" and that "No male person shall enter the separate privies or water closets except for the purpose of repairing or cleaning the privies or water closets." Violation of the act is a misdemeanor.[13]

Virginia

Virginia law states that "Public gathering places required by Board regulation to provide toilet facilities shall provide without charge at least one toilet for each sex."[14]

Washington

Washington state employment law says that "You must have an appropriate number of toilets for each gender, based on the number of male and female employees at your workplace. For example, if you have thirty-seven men and seventeen women, you need to have three toilets for the men and two toilets for the women".[15]

Criticism

S.J. Quinney College of Law professor emeritus Terry Kogan has stated that there is a "common assumption that legally mandated sex-separation of public restrooms is a benign recognition of natural anatomical differences between men and women." Kogan believes that provisions in potty parity laws banning people from using restrooms designated for the opposite sex could can cause difficulties for assistants of disabled people, transgender people, parents who are tending to a child of the opposite sex, or women who need to use the men's restroom when the men's line is too long.[17]

See also

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 "Factory Legislation for Women in the United States". University of Chicago. Retrieved 2023-10-01.
  2. ↑ "The Long Lines for Women's Bathrooms Could Be Eliminated. Why Haven't They Been?". The Atlantic. Retrieved 2023-10-01.
  3. 1 2 Anthony, Kathryn H. and; Meghan Dufresne (2007). "Potty Parity in Perspective: Gender and Family Issues in Planning and Designing Public Restrooms". Journal of Planning Literature. 21 (3): 267–294. doi:10.1177/0885412206295846. hdl:2142/11713. S2CID 55087156.
  4. ↑ "Where Women Worked During World War I". University of Washington. Retrieved 2023-10-08.
  5. ↑ Cottle, Michelle (2018-04-19). "Congress Can't Give Up Tradition". The Atlantic. Retrieved 2023-10-01.
  6. ↑ Plaskow, Judith (8 July 2008). "Embodiment, Elimination, and the Role of Toilets in Struggles for Social Justice". Cross Currents. 58 (1): 51–64. doi:10.1111/j.1939-3881.2008.00004.x.
  7. ↑ "Women in U.S. House get new restroom near chamber". USA Today. 21 July 2011.
  8. 1 2 "Section 25-1-2". Alabama Legislature. Retrieved 2023-10-01.
  9. 1 2 "Illinois Compiled Statutes". Illinois General Assembly. Retrieved 2023-10-01.
  10. 1 2 "Title 815 Chapter 020 Regulation 191". Kentucky General Assembly. Retrieved 2023-10-01.
  11. 1 2 "Section 133". General Court of Massachusetts. Retrieved 2023-10-01.
  12. 1 2 "CHAPTER 618 - OCCUPATIONAL SAFETY AND HEALTH". Nevada Legislature. Retrieved 2023-10-01.
  13. 1 2 "Tenn. Code Ann. § 50-1-301". Tennessee General Assembly. Retrieved 2023-10-01.
  14. 1 2 "Code of Virginia". Virginia General Assembly. Retrieved 2023-10-01.
  15. 1 2 "Provide bathrooms for your employees". Washington State Legislature. Retrieved 2023-10-01. You must have an appropriate number of toilets for each gender, based on the number of male and female employees at your workplace. For example, if you have thirty-seven men and seventeen women, you need to have three toilets for the men and two toilets for the women, based on Table 1.
  16. ↑ "Is 'Potty Parity' Just a Pipe Dream?". Los Angeles Times. Retrieved 2023-09-01.
  17. ↑ "Sex-Separ Sex-Separation in Public Restr ation in Public Restrooms: Law ooms: Law, Architectur chitecture, and Gender" (PDF). CORE. Retrieved 2023-10-01.
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