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Is it illegal for men to use women's restroom facilities at place of employment, when ample "men's" restrooms are available? As the office manager and a woman I don't want to have to worry about walking into a women's restroom and catching some jerk with his pants around his knees all because he was too lazy to use the second men's room.
Restrooms are clearly marked. Getting ready to send a memo to the employees in the building. I would like to have some Law/Code that I could state that they are in violation of if they keep doing this and subjecting the female employees. I think we have a few exhibitionists that are just hoping one of us women will catch them with their pants down.
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I am a licensed attorney and will be glad to try and assist you. To provide you with accurate information, could you please clarify this point:
What type of property is the office building (private or public)?
Once I hear back from you, I will be glad to let you know my answer.
"I would like to have some Law/Code that I could state that they are in violation of if they keep doing this and subjecting the female employees."
Frankly, I agree with you entirely. This behavior is immature and rather ridiculous. I do not find it one bit funny, and actually I would have to question the motive and/or mental state of those participating in it.
However, from a legal perspective I regret to say there is no civil or criminal law in Utah forbidding a person from entering and using a restroom designated for the opposite gender. It is a matter of common courtesy and traditional custom, but surprisingly the law is silent on the point. However, even without a codified law, building management/ownership is entirely free to establish a policy of only using the appropriate facilities.
Furthermore, you should not hesitate to contact your local law enforcement authorities in the event of a lewd exposure of private (genital) areas. I would suggest that you share the following citation with the occupants of the building: Utah Code § 76-9-702.
I hope that makes sense, but please do not hesitate to write back if needed.
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