How must an employer accommodate an employee who is Transgender with respect to restroom access?
From HR Insights / Zywave:
While it is important for employers and employees to treat transgender employees in accordance with their specific gender identities, employers must also provide adequate restroom access to transgender employees. According to the Occupational Safety and Health Administration (OSHA), all employees must have access to available toilet facilities in the workplace. In addition, OSHA advises employers that all employees should be given access to restroom facilities that correspond with the gender they identify with. By requiring transgender employees to use restrooms only associated with their sex at birth, employees are restricted from working in a manner consistent with their gender identity.
While providing transgender employees with access to single-occupancy or gender-neutral (unisex) bathrooms is a good step toward making them feel comfortable, transgender employees should not be required to use these specific facilities. Doing so would segregate transgender employees from fellow workers and could be viewed as a discriminatory practice.