(a) A retail establishment or an employee of a retail establishment is not civilly liable for any act or omission in allowing a customer that has an eligible medical condition to use an employee toilet facility that is not a public restroom if the act or omission meets all of the following:
- (1) It is not willful or grossly negligent.
- (2) It occurs in an area of the retail establishment that is not accessible to the public.
- (3) It results in an injury to or death of the customer or any individual other than an employee accompanying the customer.
- (b) A retail establishment is not required to make any physical changes to an employee toilet facility under this Act.
(Source: P.A. 94-450, eff. 8-4-05.)