(1) An individual who, while accessing a restroom or changing room designated for use by the individual's sex, encounters another individual of the opposite sex in the restroom or changing room has a private cause of action for declaratory and injunctive relief, nominal damages, and any other appropriate relief against the covered entity that:
- (a) provided the other individual permission to use a restroom or changing room designated for the opposite sex; or
- (b) failed to take reasonable steps to prohibit the other individual from using the restroom or changing room designated for the opposite sex.
- (2) An individual who is required by a covered entity to share sleeping quarters with an individual of the opposite sex has a private cause of action for declaratory and injunctive relief, nominal damages, and any other appropriate relief against the covered entity.
(3)
- (a) All civil actions brought pursuant to this section must be initiated within 2 years after the violation occurred.
- (b) An individual aggrieved under this section who prevails in court may recover reasonable attorney fees and costs from the offending covered entity.
History: En. Sec. 4, Ch. 33, L. 2025.