HR FAQ: What rights do transgender employees have?

Rainbow Flag  There is a lot of talk right now about gender neutral bathrooms. Did you know that as an employer, you should allow your employees use the restroom specific to the gender with which they identify? An employee’s anatomy or designated gender at birth is not the determining factor for which restroom an employee uses.

Providing a single-occupancy facility specifically for employees who are transgender, transsexual, genderqueer, or transitioning and requiring them to use that specific facility can be considered harassment and discrimination.

The best option is to provide unisex facilities or single-occupancy facilities for anyone who chooses to use them. Oftentimes, employees who are not comfortable with using the same restrooms as people of the opposite sex use the available single-occupancy facilities.

Attorneys are encouraging employers that are building or remodeling office space to include single-occupancy facilities. Employers who do not have single-occupancy facilities are urged to create them.

For more information on how to ensure you provide a workplace free of harassment and discrimination, contact Lisa Johnson at 918.402.2163 or