Where Do Transgender Employees Use the Restroom? OSHA Chimes In.

Beth Dean 08.19.15
57 Brown Tone Desktop Imac

Although recent media attention has brought transgender matters to the forefront, one question that employers have been asking for a long time is where transgender employees should use the restroom. The Occupational Safety and Health Administration (OSHA) recently provided best practices for employers from a safety standpoint.

In short, an employee should have access to the restroom that corresponds to his or her gender identity, whether that identity is physically manifested or not.

Example: An employee was born male, but identifies as female. No medical steps have yet been taken to physically transition to female. The employee would have access to utilize the women’s restroom since it corresponds with her gender identity, which is female. Ultimately, though, the employee would use the restroom in which she feels the most comfortable. The supervisor takes no part in this decision, other than ensuring that the employee is safe and uninhibited from utilizing the restroom of her choice.

From OSHA’s standpoint, employee safety is the dominating concern. Under OSHA’s sanitation standard (1910.141), employers must provide unrestricted, sanitary, and promptly accessible restroom facilities to employees. Restricting the use of restrooms or segregating employees to gender-neutral or other employer-dictated facilities may make transgender employees feel singled out, physically unsafe, or can lead to health problems and infections that arise by not having prompt access to a restroom.

Making a gender-neutral restroom available is not unreasonable, but mandating that certain employees only use that designated facility is. 

The key difference is that the employee is independently able to use the restroom(s) of his or her choice.

As a reminder, gender-based discrimination includes Title VII protections for transgender people under the Equal Employment Opportunity Commission (EEOC). Denying an employee access to a restroom based on his or her gender is discriminatory therefore violates both Title VII and the employees right to a safe workplace under OSHA.

For human resource guidance on ensuring a safe and discrimination-free environment at your workplace, please contact Nextep’s HR team.

Also on Nextep

How can you prioritize ethics in the workplace? Leaders play a critical role in shaping the ethics and values of a workplace. Here are 5 surefire ways that you, as a leader, can be modeling ethics from the top down: Lead by example: You set the tone for the rest of the organization, so it’s […]
Read more
Help support your employees in a tough economy Let’s talk about supporting employees in a tough economy. It’s a challenging time for everyone, but it’s imperative that employees feel valued and supported during tough times. Here are some ways companies can care for employees in a tough economy: Offer flexible work arrangements: Offer flexible work […]
Read more
Thriving in Turbulent Times Growing your business during an economic downturn can be challenging, but it’s not impossible. With the right approach and creativity, you can position your business for success, even in tough economic times. Here are some tips to help you grow your company, even when the economy isn’t looking so hot: 1. […]
Read more
What to do as a boss in the age of pay transparency Navigating pay transparency in the workplace can be a delicate balancing act for bosses.  On the one hand, it’s important to be open and honest about compensation, but on the other hand, there may be concerns about privacy and sensitive information. First, a […]
Read more
Shining a Light on Compensation: The Bold Move Toward Pay Transparency Let’s talk about the rise of pay transparency in the United States. It’s a hot topic but also relevant as more companies (and employees!) are demystifying employee pay. Pay transparency is the practice of openly and honestly sharing information about salaries, bonuses, and other […]
Read more
6 Strategies for Harmonious Collaboration in the Workplace “Kids these days.” “Okay, Boomer.” It’s easy for different generations to point fingers at one another and assign blame for all that is wrong in the world. But there’s a positive side to blending these different perspectives, one that can bring a lot of positives to the […]
Read more
Are You Paying Your High-Earning Employees Correctly? In a recent case, the Supreme Court issued an opinion clarifying the overtime-exempt status requirements under the Fair Labor Standards Act (FLSA).  The ruling emphasizes the importance of the salary-basis requirement for high-earning employees to be overtime-exempt under the FLSA. Here’s what you need to know: Under the […]
Read more
Don’t count out the Boomers at work! The Boomer generation, born approximately between 1946 and 1964, is still an incredibly valuable and important part of the workforce. Their experience, knowledge, and work ethic continue to make a positive impact on the workplace. Let’s taker a quick look at the benefits of Boomers at work! Experience: […]
Read more
Although Generation Alpha is only now becoming teenagers, this group will enter the workforce in a few short years.  Generation Alpha, also known as “Mini Millennials,” is the newest and youngest generation that will soon enter the workforce. Their birth years are generally defined as between 2010 and 2024. As the oldest members of Generation […]
Read more
Insights and strategies for an excellent working relationship with your young workers Oh, the young and adventurous Generation Z! You may have noticed the new generation of employees entering the workforce. Here’s how to set them up for success. Gen Z, typically born between 1997 – 2013, have some character traits that differentiate them from […]
Read more
Your Guide to DOL’s Latest Guidance on Telework, Lactation Breaks, and FMLA Eligibility for Remote Employees Are you an employer of employees who telework, or employees who needs breaks for lactation? Then you’ll want to read this update! The US Department of Labor (DOL) recently released Field Assistance Bulletin (FAB) No. 2023-1, which covers several […]
Read more
Find the Best Candidates You may be recruiting new employees to ensure full staffing for the months ahead. Here are 3 ways to find and recruit top talent for your company. 1. Use technology Start with the most straightforward recruiting solution: post an ad online. Today’s online job posting tools go beyond the average resume […]
Read more

Download Our App