Massachusetts General Laws Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280) Ch. 270, § 26

(a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Customer”, an individual who is lawfully on the premises of a retail establishment.

“Eligible medical condition”, Crohn's disease, ulcerative colitis or any other medical condition that requires immediate access to a restroom facility.

“Retail establishment”, any business or place where members of the public have access as invitees or licensees.

(b) A retail establishment that has a restroom facility for its employees shall allow a customer to use that facility during normal business hours if the following conditions are met:

(c) A retail establishment, or an employee of a retail establishment, shall not be civilly liable for an act or omission in allowing a customer who claims to have an eligible medical condition to use an employee restroom facility that is not a public restroom if the act or omission: (i) is not negligent and occurs in an area of the retail establishment that is not generally accessible to the public; and (ii) results in injury to or death of the customer or individual, other than an employee, accompanying the customer.

(d) This section shall not require a retail establishment to make any physical changes or improvements to an employee restroom facility located on the premises.

(e) A violation of this section shall for the first offense be punished by a fine of $100. A second or subsequent offense shall be punished by a fine of not less than $100 nor more than $200.