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Construction Site Restrooms for “Individuals” Who Menstruate or Lactate

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Sponsored by State Senator Graciela Guzman (D-Chicago) and State Representative Theresa Mah (D-Chicago), SB 3465 requires restroom and sanitary accommodations on Illinois construction sites, including provisions related to gender confusion.

During House debate, State Representatives Dan Ugaste (R-St. Charles) and Brad Halbrook (R-Shelbyville) questioned Rep. Mah about the definitions and practical application of the legislation. She was unable to give clear answers regarding definitions and application.

Key provisions include:

• Requiring separate toilet facilities on construction sites when women or individuals who menstruate are present and there are at least 10 workers on site.

• Mandating that employers provide sanitary products and accommodations for workers who menstruate.

• Requiring reasonable accommodations for lactating workers to express breast milk, including access to private and sanitary spaces.

• Allowing workers to report suspected violations to local public health agencies without fear of retaliation.

• Expanding penalties and enforcement authority for noncompliance.

• Directing the Illinois Department of Public Health to issue guidance to employers by January 1, 2027.