OSHA Has Issued its Best Practices Guidelines Entitled “A Guide to Restroom Access for Transgender Workers"

Weintraub Tobin
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At a time when the world is reading about Bruce Jenner’s gender transition to Caitlyn Jenner, the federal Occupational Safety and Health Association (OSHA) has issued its best practices guidelines regarding providing restroom access for transgender employees.

In summary, here is what OSHA says:

The employee should determine the most appropriate and safest option for him- or herself.

The best policies also provide additional options, which employees may choose, but are not required, to use. These include:

  • Single-occupancy gender-neutral (unisex) facilities; and
  • Use of multiple-occupant, gender-neutral restroom facilities with lockable single occupant stalls.

Regardless of the physical layout of a worksite, all employers need to find solutions that are safe and convenient and respect transgender employees.

You can obtain a copy of OSHA’s best practices guidelines at http://www.dol.gov/asp/policy-development/TransgenderBathroomAccessBestPractices.pdf.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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