bathrooms at work

[skakid]

Was just wondering if it's legal for an employer to tell you which bathroom to use. My boss told me I couldn't use the men's bathroom and that I had to use the woman's bathroom or the gender neutral one (even though I've been on testosterone for over a year). I didn't have an issue with using the gender neutral bathroom until I was fired last week and I think it might have something to do with me being trans. I tried to look up the laws about this and saw something saying I had the right to use a bathroom "less than a quarter mile from my work station", but I just wanted to know if them telling me I couldn't use the men's bathroom was legal or not. I'm in Massachusetts by the way if that helps.

[Dante]

If you live anywhere in the U.S., it's illegal to discriminate on the basis of sex, which was determined to include gender identity as well. A number of states also have specific laws about gender identity, including Massachusetts. Basically, you're guaranteed access to a restroom that is safe, clean, and within close walking distance of your workplace.

Whether or not they're allowed to force you to use one or the other gendered bathrooms is a little bit more of a grey area, I believe. (Unless you work at a government/federal job, in which case you do have the right to use the bathroom consistent with your gender identity at work.) Since you live in a state that has laws specifically about discrimination by gender identity, you're more likely to be able to make a case about it being discriminatory (which it definitely is). And, since it seems your boss was acting transphobic towards you, if you think you got fired because you're trans, you definitely have been discriminated against.

It would probably be a good idea to do something about it if you can. The NCTE page on worker's rights has a good amount of information on actions you can take: http://transequality.org/know-your-rights/employment-general

I hope that helps!

[HoneyStrums]

In the UK
Unless things have changed we need a certificate of gender change, before we have that certificate it is iliegal to use a Toilet assinged differently then your assigend birth gender.

I dont think anybody can tell you whitch toilet to use beyond the gender assiging on the door. Find out if you were legally allowed to use the males rest room in your circumstance and area. If you were/are then in the UK (as far as I know) you defo have a claim, And most likely in your area too.

[skakid]

Thanks for the info, I'm gonna keep looking into it.

[karevsparks]

In the UK
Unless things have changed we need a certificate of gender change, before we have that certificate it is iliegal to use a Toilet assinged differently then your assigend birth gender.

I dont think anybody can tell you whitch toilet to use beyond the gender assiging on the door. Find out if you were legally allowed to use the males rest room in your circumstance and area. If you were/are then in the UK (as far as I know) you defo have a claim, And most likely in your area too.

I use the men's toilets but only when I am really bursting. I am afraid that when I get out of the cubicle I won't pass. Either way, I don't have a cert as I'm pre-op & pre-T so this is worrying for me


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[KimSails]

In my case, my employer's policy was to use the restroom matching your legal gender or a gender neutral restroom. I changed the gender on my US passport (expedited, this took 5 days). This required a specifically worded, original-signature letter from my Endo stating I had completed a *clinical* gender transition (this was HRT only).  With that, I use the ladies.

In my state (Michigan), changing gender on driver's license requires a gender change on birth certificate.  The birth certificate requires surgery.  That why I changed the Passport ASAP as the legal (Federal) gender change.

Also, my employer was (and is) fully supportive of my transition.  I saw the restroom policy as a CYA for them.  Since my transition they have started the process to review, and possibly revise, the policy.

[FTMDiaries]

I use the men's toilets but only when I am really bursting. I am afraid that when I get out of the cubicle I won't pass. Either way, I don't have a cert as I'm pre-op & pre-T so this is worrying for me

Please don't worry about it; I'm afraid ButterflyVickster may have been misinformed.

Under British law, there is nothing to state that any particular person has to use any particular toilet. The only reason why we stick to the custom of using the sign with the skirt or the sign without the skirt is because of social convention. If anyone were to enter a toilet designed for the opposite sex, they wouldn't actually be breaking any laws because there are no laws governing this.

You do NOT need a GRC to use a toilet. In fact, that in itself would be illegal, because it's illegal to ask anyone whether they have a GRC! And you don't need any surgery, or any hormones, or anything. You are perfectly entitled to use whichever toilet you prefer.

And therein lies the rub. If you don't pass well, you might feel safer using the ladies' (or gender-neutral loos, e.g. at Costa) until you start passing. You'll know when that is, because they'll start challenging you. But if it helps you to know this, I used the gents' pre-T for 7 months, and for more than a year before I came anywhere near passing... and I never had any problems. Guys ignore each other in the loos, so just keep your head down (and your eyes averted), march into a cubicle, do your business, wash your hands & get out of there. It's as simple as that.