What's happening
The Crohn's and Colitis Fairness Act requires businesses to allow customers with certain medical conditions access to employee restrooms under specific conditions.
Why it matters
Expands restroom access for people with urgent medical needs. , recognizing how conditions like Crohn’s disease or irritable bowel syndrome can require immediate use of a toilet—making daily activities and public outings less stressful and more feasible for affected individuals.
Establishes clear criteria and limits for businesses. The law only applies if the customer can show reasonable proof of their medical need, at least two employees are present, and the restroom is not in a sensitive or hazardous area—balancing customer needs with business security and safety concerns.
Protects businesses from costly modifications. The act explicitly states that businesses are not required to make physical changes to employee restroom facilities, addressing potential concerns about renovation expenses or ADA compliance burdens.
Addresses a gap in public restroom availability. By requiring access only when a public restroom is not immediately available, the law highlights and partially mitigates the challenge of limited restroom options—particularly important in retail settings or urban areas with few public facilities.
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Who cares
People with Crohn’s disease, colitis, IBS or other conditions requiring immediate toilet access
The bill would give them access to employee restrooms at businesses open to the public when specified staffing, safety and restroom-availability conditions are met.
People who use ostomy devices
They would also qualify for employee-restroom access, though businesses could require reasonable evidence of ostomy use.
Retailers and service businesses
They would have to allow qualifying restroom use when the bill’s conditions are met, but would not have to physically modify employee restrooms.
Headline styles
Allow Restroom Access for Ill
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
1 Multi-sponsor
History
- Approval memo.42
- Signed chap.471
- Delivered to governor
- Returned to assembly
- Passed senateVote 62–0
- 3rd reading cal.647
- Substituted for S3295
- Referred to health
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.48
- Reported
Show 2 earlier actions
- Reported referred to codes
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Restroom Access for Illness
Senate Floor Calendar · Sponsor Kemp Hannon
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1982
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. PAULIN, DINOWITZ, GALEF, RIVERA, HEVESI, FAHY -- Multi-Sponsored by -- M. of A. GOTTFRIED -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to enacting the Crohn's and colitis fairness act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Crohn's and colitis fairness act".
§ 2. The public health law is amended by adding a new article 19 to read as follows:
ARTICLE 19
CROHN'S AND COLITIS FAIRNESS ACT Section 1900. Definition.
1901. Access to restroom facilities.
1902. Required changes.
§ 1900. Definition. As used in this article, "eligible medical condition" means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome or any other medical condition that requires immediate access to a toilet facility.
§ 1901. Access to restroom facilities. A place of business open to the general public for the sale of goods or services that has a toilet facility for its employees shall allow any individual who is lawfully on the premises of such place of business to use that toilet facility during normal business hours, even if the place of business does not normally make the employee toilet facility available to the public, provided that all of the following conditions are met:
1. the individual requesting the use of the employee toilet facility has an eligible medical condition or utilizes an ostomy device, provided that the place of business may require the individual to present reason-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01074-01-7
A. 1982 2
able evidence that the individual has an eligible medical condition or uses an ostomy device;
2. two or more employees of the place of business are working at the time the individual requests use of the employee toilet facility;
3. the employee toilet facility is not located in an area where providing access would create an obvious health or safety risk to the requesting individual or create an obvious security risk to the place of business;
4. use of the toilet facility would not create an obvious health or safety risk to the requesting individual; and
5. a public restroom is not immediately accessible to the requesting individual.
§ 1902. Required changes. Nothing in section nineteen hundred one of this article shall be construed as requiring a place of business open to the general public for the sale of goods or services that has a toilet facility for its employees to make any physical changes to an employee toilet facility.
§ 3. This act shall take effect on the one hundred twentieth day after it shall become law, provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.