How should an employer handle restrooms for a transgender employee?

Author: Beth P. Zoller, XpertHR Legal Editor

A transgender employee should use the restroom matching the gender that  they currently identify with.

An employer should never force a transgender or transitioning employee to use the restroom that corresponds with the employee's designated sex at birth. If feasible, an employer may want to consider allowing co-workers, as well as other third party customers or clients, who are uncomfortable with a transitioning or transgender employee using the same restroom as them, to use separate restroom facilities or a unisex single-occupant restroom. However, the burden should be on the non-transitioning or nontransgender individual to use a separate facility and not the reverse. Otherwise, an employer may risk a discrimination claim based on sexual orientation or gender identity. It is not the responsibility of the transitioning or transgender individual to accommodate. This issue should be approached on a case-by-case basis