The Broadway play Urinetown’s theme has become a hashtag #freetopee for transgendered individuals seeking to use a public restroom

April 17, 2016 at 8:05 pm | Posted in discrimination, EEOC, Employee, Employer, Employment Law, harassment, Legal, LGBT, OSHA, retaliation | Leave a comment
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The issue of what bathroom a transgendered individual should use has become a hot topic for debate for public schools, for politicians, for businesses and for the LGBT community.

When you have a culture of respect, treating everyone with respect and dignity is the goal.  What steps have you taken as a business owner or as manager to help achieve that goal when an employee tells you they are taking steps to become the other gender, and how can you  help them with that as related to use of the company bathroom?  Be prepared as the EEOC is making the issue of “gender” something they plan to explore through litigation – do you really want to be on the other side of that lawsuit as compared to planning in advance for the day when an employee asks, “Can we talk in private?”

Of all of the government agencies, OSHA has provided guidance on the issue of creating gender neutral bathrooms:  https://www.osha.gov/Publications/OSHA3795.pdf

The EEOC has a webpage devoted to the issue of how it believes the LGBT community should be protected from discrimination:  https://www.eeoc.gov/eeoc/newsroom/wysk/enforcement_protections_lgbt_workers.cfm.

As of last month, the EEOC issued a Fact Sheet summarizing its litigation on LGBT issues:  https://www.eeoc.gov/eeoc/litigation/selected/lgbt_facts.cfm

Actual links to the policies above are provided at the bottom of this blog.

From Hultman Sensenig + Joshi: The above and this blurb is not legal advice, nor does reading this blog create any attorney client relationship between the reader and this law firm. Employers should be very aware of the impact this issues has on job seekers looking for a place that shares their values.  Creating or reviewing current policies in place regarding discrimination and harassment for the LGBT community, and determining how inclusive such policies are, may solidify a corporate culture based upon respect and help an employer avoid bad press and EEOC litigation in the future.  Discussing this issue with your team – and your employment counsel – is a good first step.

https://www.osha.gov/Publications/OSHA3795.pdf

https://www.eeoc.gov/eeoc/newsroom/wysk/enforcement_protections_lgbt_workers.cfm

https://www.eeoc.gov/eeoc/litigation/selected/lgbt_facts.cfm

 

 

 

 

 

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