quarters — Cause of action. A. For purposes of this section: 1. “Changing room” means a room or area in which a person may be in a state of undress while in the presence of others, including a locker room or shower room; 2. “Covered entity” means an institution or facility operated by the Department of Corrections or contracted with the Department of Corrections as provided in Section 502 of Title 57 of the Oklahoma Statutes; 3. “Multi-occupancy” means a space that is designed to be utilized by multiple persons simultaneously; 4. “Restroom” means a room that includes one or more toilets or urinals; and 5. “Sleeping quarters” means a room that contains a bed and in which more than one individual is housed overnight. B. 1. A covered entity shall designate each multi-occupancy restroom, changing room, and sleeping quarters for the exclusive use of either females or males. 2. Every restroom, changing room, or sleeping quarters within a covered entity that is designated for use by females or males shall only be used by members of the designated sex. No individual shall enter a restroom, changing room, or sleeping quarters that is designated for members of the opposite sex. 3. A covered entity shall take reasonable steps to provide individuals with privacy from members of the opposite sex in restrooms, changing rooms, and sleeping quarters. 4. This section shall not apply to an individual who enters a restroom, changing room, or sleeping quarters designated for members of the opposite sex in any of the following circumstances: a. performance of custodial services or maintenance, b. rendering of medical or law enforcement assistance, or c. provision of services or aid during a natural disaster or declared emergency, or when necessary to prevent a serious threat to order and safety. 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 of 1990 or elderly persons in need of aid or assistance, b. establishing single-occupancy restrooms, changing rooms, or sleeping quarters, or c. redesignating a multi-occupancy restroom, changing room, or sleeping quarters designated for exclusive use by members of one sex to that of members of the opposite sex. 6. The Department of Corrections shall promulgate rules to administer the provisions of this section. C. 1. Any individual who accesses a restroom or changing room for use by members of his or her sex and encounters a person of the opposite sex in such restroom or changing room has a private cause of action for declaratory and injunctive relief against the covered entity that: a. provided permission to the person of the opposite sex to use such restroom or changing room, or b. failed to take reasonable steps to prohibit access of the restroom or changing room to the person of the opposite sex. 2. Any individual who is required by the covered entity to share sleeping quarters with a person of the opposite sex has a private cause of action for declaratory and injunctive relief against the covered entity. 3. Any civil action brought against a covered entity pursuant to this section shall be initiated within two (2) years after the violation occurred. Any individual aggrieved pursuant to this section who prevails in court may recover reasonable attorney fees and court costs from the covered entity.
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