Discrimination: sex and gender: intimate spaces.

Plain English Breakdown

The official source does not provide specific details on how businesses should handle intimate spaces beyond separation based on biological sex.

Discrimination: Sex and Gender in Intimate Spaces

This law changes how businesses must handle intimate spaces like bathrooms, showers, changing rooms, locker rooms, dressing rooms, and similar areas based on a person's biological sex rather than their gender identity or expression.

What This Bill Does

• Changes the definition of 'sex' to mean an individual’s immutable biological sex (female or male) instead of including gender identity and expression.
• Requires businesses to separate intimate spaces like bathrooms, showers, changing rooms, locker rooms, dressing rooms, and other private areas based on a person's biological sex.
• Allows single-occupancy intimate bathrooms to be used by anyone regardless of their biological sex.

Who It Names or Affects

• Businesses that provide accommodations, advantages, facilities, privileges, or services related to intimate spaces.
• People who use these businesses and their intimate spaces.

Terms To Know

Intimate Spaces

Areas in which a person would expect privacy from the opposite sex, such as bathrooms, showers, changing rooms, locker rooms, dressing rooms, and similar areas.

Biological Sex

An individual’s immutable biological sex (female or male).

Limits and Unknowns

• The bill does not specify how businesses should handle intimate spaces beyond the requirements for separation based on biological sex.
• It is unclear if and when this bill will be signed into law after passing through the legislature.

Official Summary Text

AB 1998, as introduced, Castillo.
Discrimination: sex and gender: intimate spaces.
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law, for purposes of this provision, defines “sex” to include, but does not limit it to, a person’s gender. Existing law further defines “gender” to mean sex, and includes a person’s gender identity and gender expression, as the latter is defined. Existing law prohibits the act from being construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise
required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, or to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
This bill would include in the provision regarding full and equal business accommodations the characteristics of gender identity and gender expression, as defined, and make corresponding changes in existing law. The bill would delete the above definitions of “sex” and “gender” and, instead, define “sex” to mean an individual’s immutable biological sex, including either female or male, as further defined. The bill would require that accommodations, advantages, facilities, privileges, or services in all business establishments related to intimate spaces be separated on the basis on sex, irrespective of gender identity or gender
expression. The bill would define “intimate spaces” to include bathrooms, showers, changing rooms, locker rooms, dressing rooms, and any other area in which an individual would have a reasonable expectation of privacy from the opposite sex. The bill would authorize single-occupancy intimate bathrooms to be gender neutral. The bill would make related legislative findings and declarations.

Current Bill Text

Download Bill PDF