Pondering the Potty Question? New OSHA Guidance on Transgenders and Bathroom Usage

-
Men or Women?  Damen or Herren?  Chicks or Dudes?  Restroom doors are gender-coded to ensure, usually for comfort and privacy, that men use the men's room and women use the women's room.  It may sound simple, but the issue is not so clear cut for transgender employees in the workplace.  Do men who identify as women use the men's room or women's room? 
 
Occupational Safety and Health Administration (OSHA) Sanitation standard 1910.141 requires employers to provide employees with toilet facilities, and employers may not impose unreasonable restrictions on employee use of those facilities.
 
Last week, OSHA issued a new "Best Practices" publication titled, "A Guide to Restroom Access for Transgender Workers."  Best Practices: A Guide to Restroom Access for Transgender Workers.  Therein, OSHA recommends the following best practices:   
  • A person who identifies as a man should be permitted to use the men's room, and a person who identifies as a woman should be permitted to use the women's room.
  • Where possible, employers should provide options, including single-occupancy, gender-neutral (unisex) facilities, or multiple-occupant, unisex restrooms with lockable, single-occupant stalls.
  • Employers should not ask transgender employees to provide medical or legal documentation of their gender identity.
  • Transgender employees should not be required to use a segregated facility apart from other employees because of their gender identity or transgender status.
Hospitality employers with multi-state operations should also be mindful that a number of states, including Colorado, Delaware, the District of Columbia, Iowa, Vermont, and Washington have specific laws related to gender identity and bathroom use.
 

Comments

Post a Comment

Popular posts from this blog

(Un)Intended Consequences? Can Employers be Sued Under the New Texas Heartbeat Act?

-
On September 1, 2021, the most restrictive abortion law in the country went into effect in Texas.  Known as the "Texas Heartbeat Act," the statute, which creates a new subchapter of Chapter 171 of the Texas Health and Safety Code, privatizes a right of action against people who aid and abet abortions in violation of the new law. More specifically, the statute provides that "any person" other than a state actor can bring an action against "any person" who: knowingly engages in [or intends to engage in] conduct that aids or abets the performance or   inducement of an abortion , including paying for or reimbursing the costs of an abortion through insurance or otherwise, if the abortion is performed or induced in violation of this subchapter, regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this subchapter. ..(emphasis added). How could this affect employers?   First, how broadly will c...
Read more

Ten Things Texas Employers Need to Know About the New "No Need for a Firearm Carry Permit" Law

-
 At a time when gun violence is increasing across the country, and based on publicly available data, Texas currently ranks second in the nation (behind Illinois) in mass shootings for 2021, the Texas Legislature enacted the Firearm Carry Act of 2021.  Here's what Texas employers need to know: 1.     The effective date of the new law is September 1, 2021. 2.     The law applies to persons 21 years of age or older and not otherwise prohibited by state or federal law from possessing a firearm, and to those 18 years or older in the military. 3.    Persons who meet the criteria in #2 above will be able to carry a firearm without a government issued license or permit, which means they will not be required to take gun safety and handling courses as a prerequisite to carrying. 4.     The law does not prohibit an employer from prohibiting an employee who lawfully carries without a permit from possessing the firearm on the employer's premises. 5....
Read more

Are Private Employers Ready for the New Sexual Harassment Laws in Texas?

-
Texas is considered an employer-friendly state, so it may come as quite a surprise that several bills that significantly impact sex harassment law passed, without fanfare, in the last legislative session, and go into effect today, September 1, 2021.  More specifically, the legislature amended several sections of Chapter 21 of the Texas Labor Code, which includes the state's version of Title VII, to be more in line with the laws of California.  Here's what employers need to know: First, the legislature amended Chapter 21 to provide that with respect to sexual harassment , an "employer" is a person who employs 1 or more employees or "acts directly in the interest of an employer in relation to an employee."   What does this mean and why does it matter?   Until today, Chapter 21 has applied to employers with 15 or more employees; therefore, this amendment now covers virtually every employer with respect to sex harassment claims.  It also means that indivi...
Read more