ILCS » Chapter 410 · Act 39
Illinois Compiled Statutes

410 ILCS 39/10 (2026)

Retail establishment; customer access to restroom facilities

✓ current as of May 2026
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(410 ILCS 39/10)
    Sec. 10. Retail establishment; customer access to restroom facilities. A retail establishment that has a toilet facility for its employees shall allow a customer to use that facility during normal business hours if the toilet facility is reasonably safe and all of the following conditions are met:
        (1) The customer requesting the use of the employee
    
toilet facility suffers from an eligible medical condition or utilizes an ostomy device.
        (2) Three or more employees of the retail
    
establishment are working at the time the customer requests use of the employee toilet facility.
        (3) The retail establishment does not normally make a
    
restroom available to the public.
        (4) The employee toilet facility is not located in an
    
area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the retail establishment.
        (5) A public restroom is not immediately accessible
    
to the customer.
(Source: P.A. 94-450, eff. 8-4-05.)

    
Notes of Decisions
Cited in 2 cases, 2016–2017 · leading case: Pilotto v. Urban Outfitters West, L.L.C., 2016 IL App (1st) 160844 (Ill. App. Ct. 2017).
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Pilotto v. Urban Outfitters West, L.L.C., 2016 IL App (1st) 160844 (Ill. App. Ct. 2017). · cites it 4× “Indeed, as noted, the purpose of the Act is to provide immediate restroom access for those with medical conditions requiring such access (410 ILCS 39/10 (West 2014)), which recognizes that these are not isolated incidents.”
Pilotto v. Urban Outfitters West, L.L.C., 2016 IL App (1st) 160844 (Ill. App. Ct. 2016). · cites it 4× “Indeed, as noted, the purpose of the Act is to provide immediate restroom access for those with medical conditions requiring such access (410 ILCS 39/10 (West 2014)), which recognizes that these are not isolated incidents.”
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