An Act To Require Businesses To Make Toilet Facilities Available to Individuals with Certain Medical Conditions
Maine Legislature, Session 124, LD 0232
Committee Amendment CA_A_H186 (House)
Amends: 22 MRSA §1672-B

COMMITTEE AMENDMENT ,A " to H.P. 186, L.D. 232, Bill, "An Act To 
Require Businesses To Make Toilet Facilities Available to Individuals with Certain 
Medical Conditions" 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 22 MRSA §1672-B is enacted to read: 
§1672-B. Retail establishments; access to employee toilet facilities 
1. Access for customers with eligible medical conditions. A retail establishment 
that has a toilet facility for its employees shall allow a customer to use that facility during 
normal business hours if: 
A. The customer requesting the use of the employee toilet facility suffers from an 
eligible medical condition; 
B. Three or more employees of the retail establishment are working at the time the 
customer requests the use of the employee toilet facility; 
C. Allowing the customer to use the toilet facility would not impose an undue burden 
on the retail establishment; 
D. The retail establishment does not normally make a toilet facility available to the 
public; 
E. 
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 an obvious security 
risk to the retail establishment; and 
F. A public toilet facility is not immediately accessible to the customer. 
2. 
Liability. 
A retail establishment· or an owner or employee of a retail 
establishment is not civilly liable for any act or omission in allowing a customer to use an 
employee toilet facility that is not a public toilet facility pursuant to subsection 1 unless: 
COMMITTEE AMENDMENT 
~ .• 'e. 
COMMITTEE AMENDMENT 'A " 
to H.P. 186, L.D. 232 
A. 
The retail establishment or owner or employee of the retail establishment is 
willfully or grossly negligent; 
B. 
The act or omission occurs in an area of the retail establishment that is not 
accessible to the public; and 
C. 
The act or omission results in an injury to or death of the customer or an 
individual other than an employee accompanying the customer. 
3. Modifications not required. A retail establishment is not required to make any 
physical change to an employee toilet facility under this section. 
4. Application. This section may not be construed to limit the rights, remedies and 
procedures afforded to individuals pursuant to the Maine Human Rights Act. The civil 
penalties in section 1674 may not be assessed for any violation of this section.' 
SUMMARY 
This amendment clarifies that a retail establishment is not required to provide access 
to employee toilet facilities if the request would impose an undue burden on the retail 
establishment. 
It also clarifies that liability protection is extended to the retail 
establishment, as well as the owner and employees, and provides that these requirements 
may not be construed to limit the rights, remedies and procedures afforded to individuals 
pursuant to the Maine Human Rights Act. 
It also removes any civil penalties for a 
violation. 
COMMITTEE AMENDMENT 
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