(a) The customer requesting the use of the employee toilet facility suffers from an eligible medical condition;
(b) Three or more employees of the place of public accommodation are working at the time the customer requests use of the employee toilet facility;
(c) The customer presents a letter or other document from a physician, naturopathic physician, physician assistant, nurse or nurse practitioner indicating that the customer suffers from an eligible medical condition, or presents an identification card that was issued by a national organization that advocates for persons with eligible medical conditions and that indicates that the person suffers from an eligible medical condition;
(d) The employee toilet facility is reasonably safe and is not located in an area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the place of public accommodation; and
(e) A public restroom is not immediately available to the customer.
(2) This section does not apply to a gas station, as defined in ORS 646.932, with a building of 800 square feet or less. [2009 c.415 §2; 2017 c.356 §83]
Note: See note under 659A.411.