Introduced Version
SENATE BILL No. 131
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 24-4-14.5; IC 34-30-2.1-352.5.
Synopsis: Access to employee restrooms. Provides that if a retail
establishment has a restroom facility on its premises for the use of the
retail establishment's employees, a customer who suffers from an
eligible medical condition must, upon request, be allowed to use the
restroom facility during normal business hours if certain conditions are
met. Specifies that a customer who uses the retail establishment's
employee restroom facility is responsible for leaving the restroom
facility in the same condition as when the customer entered the
restroom facility. Provides immunity from civil liability for any act or
omission in allowing a customer to use an employee restroom facility
if all of the specified conditions for use of the facility are met, provided
that the act or omission: (1) is not willful or grossly negligent; and (2)
occurs in an area of the retail establishment that is not accessible to the
public. Imposes a maximum $100 civil penalty on an owner, operator,
or employee of a retail establishment for violating these provisions.
Effective: July 1, 2025.
Ford J.D.
January 8, 2025, read first time and referred to Committee on Commerce and Technology.
2025 IN 131—LS 6389/DI 154 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 131
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 24-4-14.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 14.5. Access to Employee Restrooms for Customers
5 With Medical Conditions
6 Sec. 1. (a) The definitions set forth in this section apply
7 throughout this chapter.
8 (b) "Customer" means a person who is lawfully on the premises
9 of a retail establishment.
10 (c) "Eligible medical condition" means Crohn's disease,
11 inflammatory bowel disease, or ulcerative colitis.
12 (d) "Retail establishment" means a place of business that is
13 open to the general public for the sale of goods or services.
14 Sec. 2. (a) If a restroom facility for the use of the employees of
15 a retail establishment is located on the premises of the retail
16 establishment, the owner or operator of the retail establishment or
17 an employee of the retail establishment shall, upon request, allow
2025 IN 131—LS 6389/DI 154 2
1 a customer to use the restroom facility during normal business
2 hours if all of the following conditions are met:
3 (1) The restroom facility is reasonably safe for use by the
4 customer.
5 (2) The customer requesting the use of the restroom facility:
6 (A) suffers from an eligible medical condition and holds a
7 written certification of the eligible medical condition by the
8 individual's treating health care provider for the
9 condition; or
10 (B) uses an ostomy device.
11 (3) At least two (2) employees of the retail establishment are
12 working in the retail establishment when the customer
13 requests use of the restroom facility.
14 (4) Providing the customer with access to the restroom facility
15 does not create:
16 (A) a health or safety risk to the customer; or
17 (B) a security risk to the retail establishment;
18 because of the nature of the area in which the restroom
19 facility is located.
20 (5) The retail establishment does not normally make the
21 restroom available to the public.
22 (6) A public restroom is not otherwise immediately available
23 to the customer.
24 (b) A customer with an eligible medical condition who uses a
25 retail establishment's restroom facility under this chapter is
26 responsible for leaving the restroom facility in the same condition
27 as when the customer entered the restroom facility.
28 Sec. 3. An owner, operator, or employee of a retail
29 establishment is not civilly liable for any act or omission in
30 allowing a customer who has an eligible medical condition to use
31 a restroom facility under the conditions set forth in section 2 of this
32 chapter if the act or omission:
33 (1) is not willful or grossly negligent; and
34 (2) occurs in an area of the retail establishment that is not
35 accessible to the public;
36 even if the act or omission results in an injury to or the death of the
37 customer or any individual other than an owner, operator, or
38 employee accompanying the customer.
39 Sec. 4. An owner, operator, or employee of a retail
40 establishment who denies a customer access to a restroom facility
41 in violation of section 2 of this chapter commits a Class C
42 infraction. Notwithstanding IC 34-28-5-4(c), a civil judgment for
2025 IN 131—LS 6389/DI 154 3
1 an infraction committed in violation of section 2 of this chapter
2 may not exceed one hundred dollars ($100).
3 Sec. 5. This chapter does not require any physical changes to be
4 made to an employee restroom facility located in a retail
5 establishment.
6 SECTION 2. IC 34-30-2.1-352.5 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2025]: Sec. 352.5. IC 24-4-14.5-3 (Concerning
9 acts or omissions of an owner, operator, or employee of a retail
10 establishment in allowing a customer with an eligible medical
11 condition to use a restroom facility for employees).
2025 IN 131—LS 6389/DI 154