HB 752 Covers Private Employers Too, Attorneys Warn

Starting July 1, 2026, Idaho businesses and government facilities alike must comply with House Bill 752, which bars transgender individuals from using restrooms that correspond with their gender identity rather than their biological sex.

The penalties are not minor. Someone convicted of a first violation faces misdemeanor charges and up to a year behind bars. A repeat offense within five years becomes a felony carrying a potential five-year prison sentence.

The law’s reach extends to any facility where a person may be in a state of undress. That means locker rooms and shower facilities are included alongside standard restrooms. Private businesses open to the public are covered, not just government-owned properties.

A handful of narrow exceptions exist. Workers performing custodial, medical, law enforcement, or disaster relief duties may enter a facility that would otherwise be restricted. Parents or guardians helping minor children are exempt. There is also a “dire need” carve-out for situations where no alternative bathroom is reasonably accessible.

Employment attorneys discussed the law’s business implications at a panel event held Tuesday in Boise by Idaho Employment Lawyers. Attorney Pam Howland cautioned that many employers are underestimating their exposure. “Even if you don’t have an open retail facility,” Howland said, “you could still be pulled in by this.”

The practical burden of compliance is already proving substantial for large institutions. Attorney Cody Earl made that point bluntly, referencing work done for a major healthcare provider. “I will say I did not have on my bingo card in law school, counting bathrooms at a health system,” Earl said. The reference was not hypothetical. St. Luke’s Health System has 106 restrooms on its Boise campus alone, and facilities of that scale must now assess each one for compliance purposes.

For smaller employers, the questions are different but no less real. Office buildings, nonprofits, and private employers who do not operate customer-facing retail operations may still find themselves subject to the law if visitors or employees access their facilities.

Attorneys at the event encouraged employers to document their current facilities and written policies well before the July 1 deadline. The law does not designate a specific enforcement agency, leaving questions about how complaints will be initiated and prosecuted largely unanswered for now.

Idaho lawmakers passed the measure as part of broader legislation establishing legal definitions around biological sex in public accommodations. With the effective date less than a month away, businesses without a compliance review already underway have little time to spare.

North Idaho Republican Staff