On June 1, 2015, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) issued a best practices guide proposing that transgender workers should be allowed to use work place restrooms that match the sex they identify with. It is important to note that this is a “best practice” guide only, but is likely that either OSHA or the U.S. Equal Employment Opportunity Commission will consider placing a regulation into effect encompassing this “best practice” guide.
OSHA, which regulates health and safety in the workplace, has determined that making transgender employees use bathrooms inconsistent with their identity or forcing them to use gender/neutral or other specific bathrooms segregated from other employees “singles those employees out and make them fear for their physical safety.”
We are not necessarily recommending that you following this “best practice” guide, but some employers are beginning to designate one bathroom as a “unisex bathroom” even though such bathroom would not satisfy OSHA’s “best practice” guide.
If you have any questions or want to further discuss, please contact any member of your GrayRobinson labor and employment law team in which you consult.
William H. Andrews
50 North Laura Street
Jacksonville, Florida 32202