Transgender Employee Access to Restrooms and Showers

DFEH: Employers Must Allow Transgender Employees Access To Restrooms, Showers And Locker Rooms Consistent With Their Gender Identity.

California’s Department of Fair Employment and Housing (DFEH) has issued new guidelines requiring employers to allow transgender employees access to restroom, shower and locker room facilities that correspond with their gender identity.

The DFEH’s director, Kevin Kish, stated in a press release that “Under California law, all employees have the right to use restroom and locker room facilities that correspond to their gender identity, regardless of their assigned sex at birth.” According to the press release, he DFEH’s guidance is consistent with an April 2015 decision by the Equal Employment Opportunity Commission under federal law.

The guidance follows a 2011 lawsuit brought by a transgender person against American Pacific Corporation in Sacramento. Finding the law unclear at the time, the company offered employment on condition that the person use restroom, shower and locker room facilities that were inconsistent with the person’s gender identity and expression, unless the person had sex reassignment surgery.

As part of a settlement, AMPAC will adopt new policies to allow employees access to the facilities that correspond with their gender identity. In addition, the company will provide training to all its California employees. “Transgender people face significant barriers to employment,” said Kish. “We commend AMPAC for agreeing to adopt a new policy and expect that the guidance from federal and state agencies will assist others in providing safe and inclusive work environments.”

The Orange County based Law Offices of Corbett H. Williams represents employees in LGBT discrimination, harassment, retaliation, wrongful termination, wage & hour disputes and other employment matters. Strict time limits may apply to your claim, so you shouldn’t wait. Contact us today at 949-649-4723 or use the contact form at the bottom of this page, and we will respond promptly.