Last week, the administration
rescinded Obama-era federal guidelines interpreting federal anti-discrimination laws to require schools to allow transgender students to use bathrooms corresponding with their gender identity. Some prominent
employers have criticized the administration’s decision. Attorneys for Gavin Grimm, the transgender teen who sued his school board for barring him from the boys’ bathroom,
said his case would continue to the Supreme Court next month, despite the administration’s decision to withdraw the federal guidelines. Although the developments last week concern anti-discrimination laws in education, the administration’s decision could signal the direction of regulation in employment and impact employer behavior on the issue of transgender employee rights. Because transgender bathroom access is a hot issue in the
employment arena, these developments are being closely watched and discussed by employment law
commentators.