(a) In each public facility: (i) Every multi-occupancy changing area, restroom and sleeping quarters shall be designated for use exclusively by males or exclusively by females; (ii) Every multi-occupancy changing area, restroom and sleeping quarters designated for one (1) sex shall be used only by members of that sex. (b) In each public facility, no person shall enter a changing area, restroom or sleeping quarters that is designated for males or females unless the person is a member of that sex. (c) Nothing in this section shall be construed to prohibit the administrator of a public facility from providing a reasonable accommodation for a person. For purposes of this subsection, a reasonable accommodation shall not include access to a multi-occupancy changing area, restroom, or sleeping quarters designated for the opposite sex. (d) Subsections (a) and (b) of this section shall not apply to: (i) Single-occupancy changing areas, restrooms or sleeping quarters that are conspicuously designated for unisex use; (ii) An employee who enters the changing area, restroom or sleeping quarters to clean, maintain or inspect a changing area, restroom or sleeping quarters when the changing area, restroom or sleeping quarters is not occupied; (iii) A person who enters a changing area, restroom or sleeping quarters to render medical assistance or caregiving assistance; (iv) A person or employee who enters the changing area, restroom or sleeping quarters while in the performance of the person's or employee's official duties; (v) Any time during an ongoing natural disaster or emergency or when necessary to prevent a serious threat to public health or safety; (vi) Changing areas, restrooms or sleeping quarters that have been temporarily designated for use by that person's sex; (vii) A coach and members of an athletic team or activity that includes members of both the male and female sexes present in a changing area or restroom during an athletic activity, in accordance with all of the following: (A) Another suitable changing area or restroom is not available; (B) The coach is the coach of an athletic activity or team with members of both the male and female sexes; (C) All persons in the changing area or restroom are fully clothed; (D) If available, the coach shall be accompanied by not less than one (1) additional adult at all times in the changing area or restroom, provided that an additional adult shall not be required if members of the activity or team of both sexes are present in the changing area or restroom. (e) In each public facility, a person who, while accessing a changing area or restroom designated for use by the person's sex, encounters another person of the opposite sex in the designated changing area or restroom shall have a cause of action against the public facility that: (i) Provided the other person permission to use a changing area or restroom of the opposite sex; or (ii) Failed to take reasonable steps to prohibit the other person from using the changing area or restroom of the opposite sex. Reasonable steps may include but are not limited to posting appropriate signage and adopting policies and procedures for the enforcement of the provisions of this act. (f) A person who is required by a correctional facility to share sleeping quarters with another person of the opposite sex shall have a cause of action against the correctional facility. (g) A person aggrieved under this section who prevails in a cause of action brought under this section is entitled to actual damages and may recover reasonable attorney fees and costs from the governmental entity operating the public facility.
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