Vermont Gender Neutral Restrooms Now Law Posted by Association of Vermont Credit Unions on 2:43 PM

Although not credit union-specific, you should know that on July 1st of this year a new Vermont law went into effect requiring all single-user public restrooms to be available for all genders and designated with appropriate signage. It's still okay to have multi-user restrooms labeled "men" and "women" but if you have a single-user restroom it should be for use by anyone.

Due to much confusion, Vermont government is recommending business owners to simply remove gender-specific signs from single-user bathrooms in favor of a sign that simply says "restroom."   The change in Vermont law is brought about by legislation passed by the Legislature (H.333) this past spring.  The law was passed to provide equal restroom access for transgender and non-binary individuals — those who don’t identify as men or women — and people with disabilities who have a caregiver of the opposite sex.

Who is subject to the new law?  All places of public accommodation, which include:

• Stores, restaurants, professional offices, theaters, insurance companies, and other
• establishments that provide goods or services to the general public.
• State and local governmental units that receive tax support (such as police departments, schools, libraries, etc.)
• Any place offering free services (such as food banks, emergency shelters, civic festivals, etc.)
• Dentist and medical offices, hospitals, and transportation services (buses, taxis, airlines, etc.)

Are all businesses, offices and organizations places of public accommodation?  No. Any private club, religious organization or other place which is distinctly private by its nature is not a place of public accommodation. However, if it offers some goods or services to the general public, to that extent it will be treated as a public accommodation.

Can a place of public accommodation deny service to LGBT individuals?  No. Refusing to provide any goods or services because of a person’s sex, sexual orientation or gender identity is illegal. It is also illegal to provide goods or services of inferior quality, in an unreasonably hostile manner, or under different terms because of a person’s sex, sexual orientation or gender identity.

Does the new law prohibit sex-segregated restrooms?  No. It is perfectly legal for Vermont businesses to have sex-segregated restrooms. The Human Rights Commission
interprets the law to require that an individual be permitted to access restrooms in accordance with his/her gender identity, rather than his/her assigned sex at birth. Just as a non-transgender individual is entitled to use a restroom appropriate to his/her gender identity without having to provide documentation or to respond to invasive questions, a transgender individual must also be allowed to use a restroom in accordance with his/her gender identity without being questioned or harassed.