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

Mark your calendars! New compliance rules take effect this October, and protecting your business starts with knowing what is changing. The latest updates bring major changes to state and federal employment laws, changing everything from workplace policies to payroll. Key changes include the federal repeal of OFCCP affirmative action mandates and Alabama’s ban on sexual […]
Read more
July brings a fresh wave of state and federal compliance updates. Nextep has the complete rundown to keep your business on track. Get started using these quick links: Part 1: Federal Compliance Spotlight: New EEOC National Enforcement Plan On June 4, 2026, the Equal Employment Opportunity Commission (EEOC) voted to replace its previous Strategic Enforcement […]
Read more
If your employee needs health-related time off, the Family and Medical Leave Act (FMLA) may require your company to provide it. This FMLA 101 guide will help you navigate the process. Now that we’ve covered the basics, this guide will explain the Family and Medical Leave Act (FMLA) to help you handle employees’ leave requests […]
Read more
For years, HR teams have asked: If an employee has a 30-minute appointment, but it takes them an hour to get there, is that drive time Family Medical Leave Act (FMLA)-protected? The Department of Labor (DOL) just gave us a definitive answer in Opinion Letter FMLA2026-2. For employers, this is both a compliance requirement and […]
Read more
The One Big Beautiful Bill Act (OBBBA) introduced a number of changes for employers. Luckily, Nextep is here to help! As our clients’ PEO and Employer of Record, Nextep automates much of the compliance, tax reporting, and administrative burden created by the OBBBA. While the laws change, our partnership ensures your business stays compliant. Here […]
Read more
Many new or revised state law updates will go into effect in the coming months. Our Compliance experts have summarized regulations in your state that may impact your business. Follow the quick links below to find your state: FEDERAL UPDATE Paid Family and Medical Leave Effective January 1, 2026, the tax credit for employers that […]
Read more
The Department of Labor (DOL) Wage and Hour Division’s Opinion Letter, FMLA2025-02-A, provides clarification on how employers must calculate an employee’s total available FMLA leave hours. These rules speak especially for those with non-traditional schedules that include mandatory overtime. What It Means for Employers The core takeaway is that employers must calculate an employee’s FMLA […]
Read more
A recent Florida court ruling in McDaniels v. State struck down the state’s open-carry ban, effectively making open carry the new law for adults who can lawfully possess a firearm. This ruling follows Florida’s existing “constitutional carry” law (effective July 1, 2023), which allows for permitless concealed carry. Here is a summary of the key […]
Read more
Expanding your business globally can unlock new markets, boost revenue streams, and give your organization access to diverse talent. However, taking your business across borders is no small feat. It requires navigating new regulations, managing compliance, and understanding cultural differences. To succeed in this complex environment, a well-defined strategy is essential. That’s where an employer […]
Read more
Summer is upon us! It’s a time when many companies may hire young people or increase their working hours, as school is out. This presents a great opportunity to refresh your knowledge of youth labor laws and ensure your company’s compliance. Below is an overview of federal youth labor laws you can use as a […]
Read more
Mark your calendars! Many new and amended state law updates are set to take effect around July 1, 2025. Our compliance experts have compiled a summary of the updates specific to your state that may impact your business. Please keep in mind: if state law and federal laws ever differ, employers must always adhere to […]
Read more
What to do when FMLA and PFML happen at the same time Employers today face a complex web of federal, state, and local laws governing employee leave for family and medical reasons. A particularly tricky area is the intersection of the federal Family and Medical Leave Act ( FMLA ) and state-paid family medical leave […]
Read more

Download the Elevate by Nextep™ App


Download the Nextep Mobile App in Apple iOS or Google Play