February 5, 2023

Volume XIII, Number 36

Error message

  • Warning: Undefined variable $settings in include_once() (line 135 of /var/www/html/docroot/sites/default/settings.php).
  • Warning: Trying to access array offset on value of type null in include_once() (line 135 of /var/www/html/docroot/sites/default/settings.php).
Advertisement

February 03, 2023

Subscribe to Latest Legal News and Analysis

February 02, 2023

Subscribe to Latest Legal News and Analysis
Advertisement

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.

© 2023 BARNES & THORNBURG LLPNational Law Review, Volume VI, Number 127
Advertisement
Advertisement
Advertisement

About this Author

Barnes & Thornburg’s Labor and Employment Law Department is one of the fastest-growing labor groups in the nation. Two qualities set us apart: Our passion for what we do, and the pride we take in helping clients achieve their business goals. To succeed in the competitive global marketplace, our clients must not only meet but exceed their customers’ expectations. We share this objective, offering superior service, innovative ideas and an understanding of the challenges our clients face.

We love what we do in large part because we love what our clients do – not just...

317-231-7513
Advertisement
Advertisement
Advertisement