The Occupational Safety and Health Administration (“OSHA”) has just released “A Guide to Restroom Access for Transgender Workers.” The Guide, which is available for download at http://www.dol.gov/asp/policydevelopment/TransgenderBathroomAccessBestPractices.pdf, provides “model practices” for employers to follow when providing access to restrooms by transgender employees, chief among them:
- Employees should be permitted to determine for themselves the most appropriate (and safest) restroom to use;
- All employees should be permitted to use the facilities that correspond with their gender identity;
- No employee should be required to use a restroom facility located away or apart from other employees because of his or her gender identity or transgender status; and
- Employers may not ask employees either to provide medical or legal documentation of their gender identity in order to gain access to gender-appropriate facilities or to condition access to a particular restroom on the employees’ providing documentation demonstrating they have undergone any particular medical procedures.