50-4-1203. Safety and privacy in covered entities. (1) A covered entity shall designate each multi-occupancy restroom, changing room, or sleeping quarters for the exclusive use of females or males.

(2) A restroom, changing room, or sleeping quarters within a covered entity that is designated for females or males may be used only by members of that sex. Except as provided in subsection (4), an individual may not enter a restroom, changing room, or sleeping quarters that is designated for females or males unless the individual is a member of the designated sex.

(3) A covered entity shall take reasonable steps to provide individuals with privacy from members of the opposite sex in designated restrooms, changing rooms, and sleeping quarters.

(4) This section does not apply to an individual who enters a restroom, changing room, or sleeping quarters designated for the opposite sex:

(a) to perform custodial services or maintenance;

(b) to render medical assistance;

(c) to render law enforcement assistance; or

(d) to provide services or render aid during a natural disaster or declared emergency or if necessary to prevent a serious threat to good order and safety.

(5) (a) For any activity or event authorized by a public school during which students share sleeping quarters, a student may not be required to share sleeping quarters with a member of the opposite sex unless the other individual is a member of the student's family, such as a parent, guardian, sibling, or grandparent.

(b) In any other facility or setting in a public school where an individual may be in a state of undress in the presence of others, school personnel shall provide separate, private areas designated for use by individuals based on their sex. Except as provided in subsection (4), an individual may not enter a private area unless the individual is a member of the designated sex.

(6) This section may not be construed to prohibit a covered entity from:

(a) adopting policies necessary to accommodate individuals protected under the Americans with Disabilities Act of 1990 or young children or elderly persons in need of assistance;

(b) establishing single-occupancy restrooms, changing rooms, or sleeping quarters or family restrooms, changing rooms, or sleeping quarters; or

(c) redesignating a multi-occupancy restroom, changing room, or sleeping quarters designated for exclusive use by one sex to a designation for exclusive use by the opposite sex.