Executive Order 13988 and Restroom Signage: Would It Affect Hotels?

On January 20, 2021, President Joe Biden signed Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. Within Section One, Policy, the President addresses concern over a student’s ability to access restrooms based on gender identity. Notwithstanding all concerns surrounding civil rights, the reference to restrooms has raised the question by many of whether this will materially affect the interior signage industry. 

The Short Answer

The short answer is: there is not, nor will we likely see federal legislation in the near future that expressly mandates gender-neutral restroom signs. 

The Long Answer: Designing Signage as Applicable 

You see, the text under Section One of President Biden’s executive order strictly references Title Seven of the Civil Rights Act of 1964 and Bostock v. Clayton County, 590 U.S. (2020), which only deal with discrimination within the scope of employment and how sex under Title Seven is now legally defined. Several state and local jurisdictions have, however, drafted legislation on this issue. Therefore, our HOTELSIGNS.com team seeks to answer this question and relieve our customers of any confusion about what current regulations mandate for restroom signs within public accommodations. 

In relation to interior signage requirements, the closest reference point we would have to sex discrimination is disability discrimination. Fortunately, when it comes to the built environment (i.e., buildings/facilities), we approach the nexus between identity and restrooms the same way we approach disability—we design signage that accommodates this distinction. 

The process is as follows: we first evaluate what is necessary under the 2010 ADA Standards for Accessible Design (this is the foundational manual for all interior signs). While sexual identity does not fall within the scope of the Americans with Disabilities Act (ADA), all signs installed by a public accommodation (e.g., hotels) must comply with certain tactile and visual rules, regardless. In any given case, we would indicate restroom use with particular symbols, raised text, and braille. Shop our bathroom signs. Beyond that, we would conduct research to find any potential state laws relevant to the issue. 

HOTELSIGNS.com Tip: Bookmark your state under our State Specific Signs page! We regularly update signs in accordance with new regulations and laws that may arise. If you have any questions, do not hesitate to contact our customer service team, and we are happy to address any regulatory-related questions you may have. 

Case Study: Illinois and California 

Illinois’s Equitable Restroom Act (410 ILCS 35/) mandates all single-use restrooms conform to gender-neutral language. Specifically, section 25(c) of the Act states that the space shall be identified as “all-gender.” In other words, the facilities, the physical spaces, assigned for restroom use within a public accommodation must be designated for all users, not divided into individual male and female facilities. In such a case, the signage informing users of this designation must state the purpose in such a way as to be free of specific gender language. Additionally, gender specific pictograms are not permissible due to the fact that these are not neutral, alone or a combination of both.

Shop all-gender restroom signs with the option to insert custom text as needed

California was the first state in the nation to draft gender-neutral restroom legislation, and the rules are found under the California Health and Safety Code, section 118600(a). Similarly, California law requires gender-neutral language for single-occupancy restroom signage. The facilities must be designated gender-neutral, not male and female, and the signage must conform to that designation. Unlike all other states, California also requires geometric bathroom symbols in addition to tactile signs. The geometric symbols, however, are not mandated by the Health and Safety Code but Chapter 11B, section 703.7.2.6 (11B-703.7.2.6). Chapter 11B is California’s Accessibility Code, modeled on the 2010 ADA Standards for Accessible Designs. 

HOTELSIGNS.com Tip: Shop California single-occupancy restroom signage

HOTELSIGNS.com: Your 1-Stop for Regulatory Compliancy

In summary, single-occupancy restroom signage is best designed with gender-neutral language, such as “RESTROOM,” as opposed to using gendered pictograms. We hope that this blog post clears up any confusion regarding regulatory compliancy as it relates to the new administration’s policy direction. While we will most likely not see federal legislation in the near future that expressly mandates gender-neutral restroom signage, we may see more states (like Illinois and California) roll out distinct restroom sign laws. Let us help you determine whether your hotel sits in a jurisdiction that requires gender-neutral restroom signs. 

Let us do the heavy lifting! As always, our team at HOTELSIGNS.com is equipped to address your regulatory and signage needs. Each of our signs is covered by unparalleled guarantees, including Life-of-the-Building and ADA Compliance. In addition, our dedicated in-house compliance team pores over relevant ADA regulatory information (check out our ADA guidelines compilation), so you don’t have to!

You can continue to rely on HOTELSIGNS.com as your dependable source for bathroom compliancy, other related regulatory issues, and current industry trends. Bookmark our blog for future articles! 

Shop HOTELSIGNS.com »