Page is loading...

Transgender Bathroom Access Addressed in New EEOC Fact Sheet

In the midst of news coming out of North Carolina, the Equal Employment Opportunity Commission (EEOC) has issued a new fact sheet that addresses bathroom access rights for transgender employees. The fact sheet’s key point is that transgender employees have the right to equal access to bathrooms that correspond to their gender identity. This right is provided by Title VII of the Civil Rights Act of 1964’s protection against sex discrimination—even if there is state law to the contrary. Employers should note that, as described on the fact sheet, it is not compliant with Title VII to restrict a transgender employee to a single-user bathroom.  Employers can, however, make a single-user bathroom available to all employees who might choose to use it, including transgender employees. Employers should also note that the EEOC has taken the position that co-worker discomfort with respect to a transgender employee must not interfere with the provision of a workplace free from discrimination and is not a valid justification for imposing discriminatory terms or conditions a transgender employee. The EEOC fact sheet can be found here. You can download a guide of best practices on this topic, published by OSHA.


Updated EEOC Guidance Allows Employee COVID-19 Testing

April 23, 2020 | Currents - Employment Law, EEOC, Employee Health Issues

That’s A Wrap: No Workplace Class Action For California Chipotle Workers

January 28, 2020 | Currents - Employment Law, Employment Discrimination

Indiana Federal Court Gives Frostbitten ADA Plaintiff The Cold Shoulder

November 22, 2019 | Currents - Employment Law, Employment Discrimination

Sixth Circuit Confirms Standard for 'Regarded As' Discrimination Under the ADA

November 12, 2019 | Currents - Employment Law, Employment Discrimination

Big Changes For Illinois Employers: Workplace Transparency Act

September 24, 2019 | Currents - Employment Law, Workplace Culture and Conduct


Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
Title VII
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.