Restroom Equity Comes to Hill, Following Sex-Discrimination Complaint

July 26, 2011 - PRLog -- Female House members will now enjoy the same easy access to restroom facilities adjacent to the House floor long enjoyed by their male counterparts, thanks to a process which began with the filing of a sex discrimination complaint by a public interest law professor. As reported in early 2007 under the subtitle "Pelosi Potty Parity Plaint Prompts Planning": "in response to Banzhaf’s legal complaint, the Architect of the Capitol says that 'options are being considered for adding additional restrooms' for female members." http://wonkette.com/235912/madame-speaker-needs-a-toilet

The 7-page formal legal complaint, by Prof. John Banzhaf of George Washington University Law School, charged that failing to provide restroom facilities for female members close to the House floor, when such facilities are readily available to male members, constitutes "Violation of Title VII of the Civil Rights Act and the Equal Protection Clause of the Constitution." http://banzhaf.net/docs/pelosi.pdf

The complaint cited five judicial opinions, two by U.S. Courts of Appeals, holding that failing to provide comparable toilet facilities for males and females constitutes illegal sex discrimination, and is legally actionable. Shortly after the filing of the complaint, the Architect of the Capitol responded in a letter to Banzhaf, saying that his office was considering various options for adding additional restrooms for female members, including using space then occupied by the House Parliamentarian. This is now what has occurred.

In addition to citing legal precedent, Banzhaf also noted the potential medical problems and interference with the legislative process: "The problem is obviously quite serious as well as very annoying, since it has apparently caused female members to miss votes. [CITATION] Being forced to choose between missing an important proceeding on the floor of the House, or to have to 'hold it in,' can also cause or exacerbate a variety of medical conditions (often more serious for females), and create particular problems for any female member who is or becomes pregnant," his complaint said.

He also noted the stark contrast between the male members -- who enjoy a restroom just a few feet off the House floor which has six stalls, four urinals, gilt mirrors, a shoeshine, ceiling fan, drinking fountain, and television -- and the options for female members: "To reach the nearest female restroom, the 'gentle ladies' must dash down a long public hall often filled with tourists and lobbyists. As an alternative, they can enter the minority leader’s office, try to find their way through a corridor that passes secretarial desks, and then punch a keypad code for access."

Banzhaf was also successful more recently when his complaint helped persuade organizers of the Obama inauguration to use uni-sex portable restrooms to avoid a potty parity problem, and then to bring in more of them than originally planned to deal with the delays associated with using restrooms in very cold weather. http://www.msnbc.msn.com/id/3036789/#28732684

"House Speaker John A. Boehner is to be congratulated for directing the Architect of the Capitol to follow through on one of the options to create an easily accessible restroom for female members, but the process started long before he became Speaker," said Banzhaf, who has been called the "Father of Potty Parity." http://banzhaf.net/pottyparity.html

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH)
Creator, Banzhaf Index of Voting Power
2000 H Street, NW, Suite S402
Washington, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/

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John F. Banzhaf III is a Professor of Public Interest Law at George Washington University Law School [http://banzhaf.net/] where he is best known for his work regarding smoking [http://ash.org/], obesity [http://banzhaf.net/obesitylinks.html], etc.