This memo provides a brief description of the Act. For more detailed information,
consult the text of the law and related legislative documents at the Legislature’s Web site at: http://www.legis.state.wi.us/
.
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http://www.legis.state.wi.us/lc
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WISCONSIN LEGISLATIVE COUNCIL
A
CT MEMO
2009 Wisconsin Act 198
[2009 Assembly Bill 709]
Access to Toilet Facilities in Retail
Establishments
2009 Wisconsin Act 198 (the Act) requires a retail establishment that has a toilet facility that is
designated for use by the establishment’s employees to permit a person who suffers from an eligible
medical condition or uses an ostomy device to use the toilet facility under certain circumstances.
A “retail establishment” is a store or shop in which retail sales is the principal business
conducted, except that retail establishment does not include a motor vehicle fuel retailer’s establishment
that is a structure that is 800 square feet or less in size.
“Eligible medical conditions” are Crohn’s disease, ulcerative colitis, irritable bowel syndrome, or
any other medical condition that periodically requires immediate access to a toilet facility.
Under the Act, upon request, a retail establishment must allow a person to use the toilet facility
during the retail establishment’s usual business hours if all of the following apply:
• The person provides a copy of a physician statement or identification card that indicates that
the person suffers from an eligible medical condition or uses an ostomy device.
• Three or more employees are working at the time.
• The toilet facility is not located in an area where access creates an obvious health or safety
risk for the person or an obvious security risk for the retail establishment.
• A public toilet facility is not immediately accessible to the person.
The Department of Health Services must approve entities to issue identification cards that may
be used to request access to toilet facilities in retail establishments. The department may only approve
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entities that provide services to, or advocate on behalf of, persons who suffer from an eligible medical
condition or use an ostomy device.
Any person who violates the requirements of the Act may be required to forfeit not more than
$200.
Any person who possesses a forged or altered physician statement or identification card, or
forges, alters, or improperly transfers an identification card or physician statement may be required to
forfeit not more than $200.
The Act does not require any retail establishment to make physical changes to a toilet facility
that is designated for use by its employees.
If an employee of a retail establishment permits a person to use the establishment’s toilet facility,
as required by the Act, the employee and the establishment are immune from civil liability for the death
of or injury to the person, or an individual other than an employee who accompanies the person, that is
caused by or during the use of the facility. This liability exemption does not apply if the death or injury
was caused by a willful or wanton act or omission of the employee.
Effective date: May 6, 2010.
Prepared by: Mary Matthias, Senior Staff Attorney May 6, 2010
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