News & Analysis as of September 24, 2024

Occupational Safety and Health Administration › Equal Employment Opportunity Commission (EEOC) › Employee Restrooms

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

Second-guessing the advice columns: Workplace bathrooms!

Constangy, Brooks, Smith & Prophete, LLP on 8/5/2022

Everybody's favorite subject. Last week, Karla Miller -- the workplace advice columnist of The Washington Post -- had a fascinating letter with this problem: The letter writer is the only female working on a floor with...more

Practical Questions for Employers Following the Bostock Decision, Part 1: Sex-Segregated Facilities

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/30/2020

On June 15, 2020, the Supreme Court of the United States issued its decision in Bostock v. Clayton County, Georgia, holding that, pursuant to Title VII of the Civil Rights Act of 1964, covered employers may not discriminate...more

Gender Identity Bathroom Access – From Schools To The Workplace

Pullman & Comley - Labor, Employment and... on 4/4/2017

As readers of our Education Law Notes blog are well aware, there has been a lot of focus on the rights of transgender students with respect to bathroom access in educational institutions under Title IX. The rights of...more

Dear Littler: How Should I Handle Customer Concerns about a Transgender Employee?

Littler on 3/22/2017

Dear Littler: We have a transgender employee at work, Sarah, who identifies and presents as a female. She is in the process of transitioning and still occasionally exhibits traditionally “male” physical attributes. A client...more

Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees

Dorsey & Whitney LLP on 7/26/2016

Question: There has been a lot of news coverage lately on restroom policies related to transgender employees. Can you provide some guidance on how to structure our restroom-use policies to be both lawful and respectful of...more

EEOC issues bathroom guidelines for transgender employees

McAfee & Taft on 5/10/2016

Last summer the Occupational Safety and Health Administration (OSHA) released its “Best Practices: A Guide to Restroom Access for Transgender Workers.” In a nutshell, the OSHA publication stated that transgender employees...more

Special Report: How Should NC Employers Apply Restroom Policies Following HB2?

Parker Poe Adams & Bernstein LLP on 5/3/2016

The Public Facilities Privacy & Security Act, commonly known as HB2, continues to generate controversy and confusion. The new law has caused many employers to reexamine their policies with regard to restroom use by employees...more

California’s New Guidance & FAQs for Employers of Transgender Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/28/2016

On February 17, 2016, the California Department of Fair Employment and Housing (DFEH) announced that it was issuing a guidance on how to comply with the Fair Employment and Housing Act (FEHA), which was geared toward...more

A Whole Bunch Of Nothing: Five Takes On Gov. Mccrory’s “Walkback” Of N.C. HB 2

Constangy, Brooks, Smith & Prophete, LLP on 4/13/2016

NOTE FROM ROBIN: As you know, my main collaborator on HB2-related developments has been my law partner, Jon Yarbrough, who is in our firm’s Asheville Office. Jon has offered his thoughts about Executive Order No. 93, which...more

Transgender Issues in the Workplace

Poyner Spruill LLP on 9/1/2015

Since 2012, the U.S. Equal Employment Opportunity Commission (EEOC) has taken the position that transgender individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). The EEOC...more

Employment Flash - July 2015

Skadden, Arps, Slate, Meagher & Flom LLP on 7/17/2015

The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more

OSHA Joins the Growing Support for Transgender Rights in the Workplace

Troutman Pepper on 7/17/2015

With the increased government scrutiny of transgender issues in the workplace, employers should be careful not to discriminate against transgender employees and to treat them in accordance with their gender identities. ...more

Restroom Rights—The New Challenge for Texas Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/14/2015

Time was when an employer’s only preoccupation with restrooms was whether the cleaning crew was keeping them stocked with soap, towels, and toilet paper. Enter the new reality: federal agencies and LGBT rights groups are...more

Fenwick Employment Brief - June 2015

Fenwick & West LLP on 6/24/2015

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation - Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to...more

OSHA Issues Guidance Regarding Transgender Employees

Baker Donelson on 6/17/2015

As transgender issues seem to dominate the headlines, another federal agency has stepped into the debate. Last week, the Occupational Health and Safety Administration (OSHA) issued guidance strongly urging employers to give...more

What You Need to Know About Accommodating Transgender Employees

McNees Wallace & Nurick LLC on 6/17/2015

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

OSHA Publishes Guidance Regarding Restroom Access for Transgender Employees

Bond Schoeneck & King PLLC on 6/15/2015

On June 1, 2015, the United States Occupational Safety and Health Administration (“OSHA”) published A Guide to Restroom Access for Transgender Workers. OSHA stated that the “core principle” of the Guide is as follows: “All...more

OSHA’s New Guidance on Transgender Restroom Access: What Employers Need to Know

Epstein Becker & Green on 6/15/2015

On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more

OSHA Publishes Guide to Restroom Access for Transgender Workers

Seyfarth Shaw LLP on 6/7/2015

On June 1, 2015, OSHA published a Guide to Restroom Access for Transgender Workers. The publication provides guidance to employers on best practices for restroom access for transgender workers. The agency has estimated that...more

OSHA Issues Best Practices for Transgendered Employee Restroom Use

Parker Poe Adams & Bernstein LLP on 6/5/2015

Earlier this year, EmployNews reported on an EEOC decision indicating that employers must allow transgendered employees to use restrooms based on their gender identity regardless of co-worker complaints. In April, OFCCP...more

OSHA Releases Guidance on Restroom Access for Transgender Employees

Miller Canfield on 6/4/2015

The Occupational Safety and Health Administration (OSHA) requires employers to provide all employees with easy access to clean restrooms. In response to increasing concerns and confusion over requests from transgender...more

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