Last week, the Equal Employment Opportunity Commission (EEOC) issued a Fact Sheet explaining the bathroom access rights of transgendered employees under Title VII of the Civil Rights Act of 1964.
The key takeaway for employers is the EEOC’s conclusion that employers should allow employees to use the bathroom that corresponds with the employee’s gender identity. In addition, the EEOC has found that an employer cannot avoid the requirement to provide equal access to a common restroom by restricting a transgender employee to a single-use restroom instead (however, the employer can make a single-user restroom available to all employees who might choose to use it).
The EEOC’s fact sheet is a stern reminder to all employer that “Title VII prohibits discrimination based on sex whether motivated by hostility, by a desire to protect people of a certain gender, by gender stereotypes, or by the desire to accommodate other people’s prejudices or discomfort.” Lusardi v. Dep't of the Army, EEOC Appeal No. 0120133395, 2015 WL 1607756 (Mar. 27, 2015).
- Partner
A member of the firm's Bloomfield Hills office, Courtney L. Nichols serves as the firm's Special Litigation Department Leader.
Ms. Nichols focuses her litigation practice in the area of employment law, including discrimination ...
Add a comment
Subscribe
RSSTopics
- Employment Liability
- Department of Labor (DOL)
- Labor Law
- Equal Employment Opportunity Commission (EEOC)
- Employment Discrimination
- Human Resources
- Wage & Hour
- Fair Labor Standards Act (FLSA)
- National Labor Relations Act
- Tax Law
- Employment Agreement
- National Labor Relations Board
- Americans With Disabilities Act (ADA)
- COVID-19
- Civil Litigation
- Settlements
- Minimum Wage
- Coronavirus
- Contract Employees
- Family Medical Leave Act (FMLA)
- Whistleblower Protection Act
- National Labor Relations Board (NLRB)
- Regulatory Law
- Paid Medical Leave Act (PMLA)
- OSHA Issues
- Title VII
- Unemployment Benefits
- Retaliation
- Sick Leave
- Accommodations
- First Amendment
- Workplace Harassment
- Contracts
- Public Education
- Transgender Issues
- Hostile Work Environment
- Business Risk Management
- Noncompete Agreements
- At Will Employment
- ERISA
- Workers' Compensation
- Department of Justice
- Cannabis
- Medicare Issues
- LGBTQ
- Class Actions
- Sexual Harassment
- Garnishments
- Civil Rights
- Social Media
- Retail Liability
- RICO
- Emergency Information
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Department of Education (DOE)
- Title IX
- Medical Marijuana
- Right to Work
- Health Insurance Portability and Accountability Act (HIPAA)
- Diversity
- Union Organizing & Relations
Recent Updates
- Tax Considerations When Settling an Employment Claim 2.0
- DOL Finalizes Rule Tightening Independent Contractor Test
- NLRB Finalizes Rule Broadening Joint Employer Test
- EEOC Issues New Proposed Enforcement Guidance on Harassment in the Workplace
- Proposed Rule Change to Minimum Salary Requirements Would Expand Overtime Pay to Millions of Workers not Currently Eligible
- U.S. Supreme Court Bolsters Right of Employees to Request Religious Accommodations
- U.S. Supreme Court Rules Website Designer Free to Refuse Services Under First Amendment
- NLRB Restores FedEx II Standard When Factoring Workers’ Entrepreneurship
- Sixth Circuit Adopts New “Similarly Situated” Employees Evaluation Standard for Issuing Court-Approved Notice of FLSA Suits
- Unanimous Supreme Court Finds Lip Service not Good Enough for Disabled Student