Employers with transgender employees should be aware of recent developments in the interpretation of laws for transgender employees, especially in relation to an employee’s access to restroom facilities while at work. Title VII and the Fair Employment and Housing Act (FEHA) provide protections for transgender employees in the workplace. As discussed in more detail below, employers are required to grant unrestricted restroom access and use according to an employee’s full-time gender presentation. The following provides a brief explanation of the law and the steps an employer can take to ensure that all employees remain comfortable in using restroom facilities.

Who Is an ‘Employer’ for Purposes of Title VII and the FEHA?

Title VII defines an “employer” as any person engaged in industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person. 42 USC §2000e(b). The FEHA has a broader scope and defines an “employer” as any person regularly employing five or more persons or any person acting as an agent of an employer, directly or indirectly, the state, any political or civil subdivision of the state, and cities. Gov. Code § 12926(d), 12940(j)(4)(A).

Under Title VII the Definition of ‘Sex’ Includes an Employee’s Gender

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]