Idaho business owners have less than a month to decide how to comply with a new state law criminally banning trans people from using restrooms that align with their gender identity.
The law is set to take effect July 1, which would make it a misdemeanor for the first offense and a felony for subsequent offenses within five years.
It’s currently being challenged in federal court by the ACLU of Idaho.
On Tuesday, a panel sponsored by Idaho Employment Lawyers encouraged companies to prepare now as if the law will remain in effect as litigation continues.
Cody Earl, a lawyer for St. Luke’s Health System who spoke on the panel in his personal capacity, said there are several paths businesses can take.
Converting all bathrooms into single-use, gender-neutral facilities is one option, though it could be costly for larger businesses. Earl said companies could take other steps to make the transition more affordable.
“Even if it is a gender-specific restroom, [adding signage] that indicates where the closest gender-neutral restroom is so you could at least show that you’re giving employees an option or a choice,” he said.
Simply adding locks and only allowing one person at a time to a multi-stall bathroom is another choice, though panelists said that could be problematic for businesses with large amounts of customers, like restaurants and bars.
Idaho Employment Lawyers owner Pam Howland said companies also need to consider how this will affect their staff.
“This could definitely create some culture issues,” said Howland. “Do you have the policies you need to ensure your expectations as an employer of respect and civility are being followed? Possibly code of conduct provisions related to that? How about privacy?”
Those policies could include limiting or outright banning recording at the workplace.
Another legal wrinkle to complying with the law, the panel said, is that precedent in both the U.S. Supreme Court and 9th Circuit Court of Appeals prohibit discrimination based on someone’s gender identity.
Gender dysphoria, a mental health designation that causes severe distress to someone when their sex doesn’t align with their gender identity, has been considered a protected condition under the Americans with Disabilities Act in certain cases.
Republican state lawmakers argued earlier this year that Idaho needs to take this first-in-the-nation step to protect women and girls when they use the restroom in private businesses.
A 2025 study out of UCLA hasn’t found any increased risk to safety by allowing transgender people to use restrooms aligning with their gender identity.
A federal court in Boise will hear arguments over whether to approve or reject a preliminary injunction on June 5.
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