Idaho Code
Idaho Code § 67-9802 (2026)
safety and privacy in covered entities.
✓ current as of May 2026
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safety and privacy in covered entities.
(1) Any covered entity shall designate each multi-occupancy restroom, changing room, and sleeping quarters for the exclusive use by either females or males.
(2) Every restroom, changing room, or sleeping quarters within a covered entity that is designated for females or males shall only be used by members of that sex. No individual shall enter a restroom, changing room, or sleeping quarters that is designated for females or males unless such individual is a member of that sex.
(3) A covered entity shall take reasonable steps to provide individuals with privacy in restrooms, changing rooms, and sleeping quarters from members of the opposite sex.
(4) The provisions of this section shall not apply to an individual who enters a restroom, changing room, or sleeping quarters designated for the opposite sex in any of the following circumstances:
(a) To perform custodial services or maintenance;
(b) To render medical assistance;
(c) To provide law enforcement assistance or to supervise any arrestee, detainee, or inmate in a custodial setting;
(d) To provide services or render aid during a natural disaster, a declared emergency, or when necessary to prevent a serious threat to good order or safety;
(e) To use a single-user facility designated for the opposite sex, if such single-user facility is the only facility reasonably available at the time of the person’s use of the facility;
(f) To use restrooms, changing rooms, and sleeping quarters that have been temporarily designated for use by people of that person’s biological sex;
(g) To provide coaching or athletic training during athletic events; or
(h) To accompany and render assistance to a person who is in need of assistance when the person rendering assistance is:
(i) A family member or a legal guardian; or
(ii) The designee of the person in need of assistance and the designee is not a member of the designated sex for the single-sex restroom, changing facility, or sleeping quarters.
(5) Nothing in this section shall be construed to prohibit a covered entity from:
(a) Adopting policies necessary to accommodate persons protected under the Americans with disabilities act, young children in need of assistance, or elderly persons requiring aid;
(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 (1) sex to a designation for exclusive use by the opposite sex.
(6)(a) A state educational institution shall provide a reasonable accommodation to any student or employee who:
(i) For any reason, is unwilling or unable to use a multi-occupancy restroom, changing room, or sleeping quarters designated for the person’s sex; and
(ii) Provides a written request for reasonable accommodation to the state educational institution.
(b) A reasonable accommodation shall not include access to a restroom, changing facility, or sleeping quarters that is designated for use by members of the opposite sex while persons of the opposite sex are present or could be present.
Notes of Decisions
Cited in 3
cases (3 in the last 5 years), 2025–2025 · leading case: Jones v. Critchfield (D. Idaho 2025).
Jones v. Critchfield (D. Idaho 2025). “” Idaho Code § 67-9802 (2). Sex is defined as “an individual’s biological sex, either male or female.”
Jones v. Critchfield (D. Idaho 2025). “” Idaho Code § 67-9802 (2). Alongside their complaint, Plaintiffs filed a Motion for Preliminary Injunction seeking that the Court enjoin enforcement of H.”
Jones (D. Idaho 2025). “” Idaho Code § 67-9802 (2). Alongside their complaint, Plaintiffs filed a Motion for Preliminary Injunction asking the Court to enjoin enforcement of H.”
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