Walking into a store and realizing there’s no restroom can be inconvenient and even frustrating. You might wonder, are stores required to have public restrooms? The answer is not straightforward. In the United States, whether a store must provide public restrooms depends on a mix of federal, state, and local laws, the type of business, and the needs of employees and customers. This article will help you understand when public restrooms are legally required, when they are not, and what protections you have as a customer or employee.
Federal Law and Employee Restroom Requirements
At the federal level, businesses are required to provide restroom facilities for their employees, not necessarily for customers. The Occupational Safety and Health Administration (OSHA) sets standards to ensure that workplaces maintain safe and sanitary restroom conditions.
For example:
- A workplace with 15 or fewer employees must have at least one unisex restroom with a locking door.
- As the number of employees increases, businesses must provide more restroom facilities, often separated by gender.
- Restrooms must be clean, stocked with essentials like toilet paper and soap, and functional.
- Businesses must also provide handwashing stations with running water, soap, and drying options like paper towels or air dryers.
Employers cannot unreasonably limit restroom breaks. For employees working on mobile or large sites, restrooms must be accessible within approximately 10 minutes. These rules ensure employee health and safety, but they do not directly mandate public access for customers.
State Laws and Local Regulations
While federal law focuses on employees, state and local laws often govern public restroom access. These laws can vary widely depending on where the store is located and the type of business it operates.
Restaurants and Food Service Establishments
Many restaurants are required to provide public restrooms, especially if they have seating for customers. For example:
- Local health or building codes may require a certain number of toilets based on the restaurant’s capacity.
- The International Plumbing Code often mandates one toilet for every 40 patrons.
- Older or smaller establishments may be exempt depending on building size and occupancy.
Restaurants must balance employee and customer access. Employees’ needs take priority, but customers generally have a legal right to restroom access in these businesses.
Retail Stores
For most retail stores, public restroom access is not federally required. Small standalone stores or strip malls often have discretion over whether to allow customers to use employee restrooms. However:
- Some cities, like New York City, require large stores to provide public restrooms.
- Employee facilities must meet OSHA standards, regardless of whether the store offers restrooms to the public.
Gas Stations and Highway Businesses
Businesses like gas stations frequently have public restroom requirements, especially those located along highways. States may mandate that these facilities be clean, accessible, and regularly inspected to ensure traveler safety and comfort.
Ally’s Law: Restroom Access for Medical Conditions
Even if a store is not generally required to have a public restroom, certain customers have legal protections. Ally’s Law, also known as the Restroom Access Act, has been adopted in at least 20 states. This law requires businesses with employee restrooms to allow customers with qualifying medical conditions to use the facilities.
Examples of qualifying conditions include:
- Crohn’s disease
- Irritable bowel disease (IBD)
- Pregnancy
- Other medical conditions requiring frequent restroom use
Businesses may request documentation, such as a doctor’s note or medical ID card, to grant access. This law ensures that people with urgent health needs are not denied restroom access even if a store doesn’t generally provide public facilities.
Temporary Solutions for Businesses Without Public Restrooms
Some businesses may face situations where restrooms are temporarily unavailable due to maintenance or renovations. In these cases, there are legal and practical steps to remain compliant and minimize inconvenience:
- Renting portable toilets or restroom trailers to provide temporary facilities.
- Collaborating with nearby businesses to allow customer access.
- Providing transportation to off-site restrooms if possible.
- Installing temporary handwashing stations to maintain hygiene.
For construction sites and temporary job locations, OSHA requires that portable restrooms be accessible, clean, and serviced regularly, with handwashing stations nearby. These temporary solutions help businesses comply with federal and local laws while maintaining safety and sanitation standards.
Public vs. Employee Restroom Access
One of the main points of confusion is the difference between employee restroom requirements and public restroom requirements.
- Employee Access: Federal law requires businesses to provide clean and accessible restrooms for all employees. Employers must allow reasonable breaks and ensure facilities meet hygiene and safety standards.
- Public Access: Stores may or may not provide restroom access to customers. Local laws, medical access laws (Ally’s Law), or business type (restaurants, large retail) often dictate whether public access is required.
Employees’ needs take precedence, but customer rights—especially for medical reasons—are legally protected in many states.
Americans with Disabilities Act (ADA) Considerations
The ADA also impacts restroom access in public businesses. Under the ADA:
- Public restrooms must be accessible to individuals with disabilities.
- This includes properly sized stalls, accessible sinks, and clear pathways.
- Temporary or permanent restrooms must also meet these accessibility standards.
Failure to comply with ADA regulations can result in fines and lawsuits. For example, first-time violations may cost a business $75,000, with subsequent violations rising to $150,000.
Liability for Non-Compliance
Ignoring restroom regulations can create serious legal and financial consequences:
- OSHA Violations: Fines can accumulate if employee facilities are inadequate.
- ADA Violations: Businesses may face penalties and lawsuits for non-compliance.
- Medical Access Violations: Denying restroom access to someone under Ally’s Law could result in legal claims.
- Reputation Risk: Customers and employees may file complaints, impacting the business’s image and operations.
Recent cases highlight these risks:
- Cedar Rapids, Iowa: $15 million settlement for failing to provide accessibility.
- Los Angeles: $1.3 billion invested to improve ADA compliance.
- Portland, Oregon: $113 million spent to fix sidewalk and accessibility issues.
These examples show that maintaining compliant restrooms is not just a convenience—it’s a legal and financial necessity.
Practical Tips for Customers and Employees
If you’re wondering are stores required to have public restrooms, here’s what you should know:
As a Customer
- Restaurants often have restrooms for public use.
- Retail stores may not, but medical conditions may give you legal access.
- Always check for posted policies or ask staff politely.
- Carry documentation if you have a condition covered under Ally’s Law.
As an Employee
- Know your OSHA rights for restroom access.
- Employers must allow reasonable breaks and provide safe, sanitary facilities.
- Report unsafe or inadequate restroom conditions to your HR department or OSHA if necessary.
Common Scenarios
Here are some real-world scenarios to illustrate how restroom requirements apply:
- Small Boutique: A store with 5 employees and no public restroom. OSHA requires one restroom for employees. Customers are not legally entitled to use it unless they have a medical condition covered by Ally’s Law.
- Large Retail Store: A store with 50 employees. OSHA mandates multiple restrooms for staff. Local laws in some cities may also require at least one public restroom.
- Restaurant: A mid-sized restaurant with seating for 100. Local building codes require public restrooms. Employees also have OSHA-protected access.
- Gas Station: Located along a highway with travelers passing through. State law may require public restroom facilities, and ADA compliance is mandatory.
- Construction Site: Temporary job site with 25 workers. OSHA requires portable toilets and handwashing stations within a short distance from the work area.
Conclusion
So, are stores required to have public restrooms? The answer depends on federal, state, and local rules, as well as the type of business. Federal law (OSHA) ensures employees have access to clean, functional restrooms, but public access is mostly governed by local codes, restaurant regulations, and medical access laws like Ally’s Law.
Businesses that ignore restroom requirements risk legal fines, employee complaints, and damaged reputation. Temporary solutions like portable toilets can help during renovations or emergencies. Customers with medical conditions have protections to ensure access even in businesses that normally don’t offer public facilities.
Understanding your rights—whether as a customer or employee—is essential. Knowing the laws and practical requirements can help you navigate situations where restrooms are limited or unavailable, while also helping businesses remain compliant and safe.