I posted about the problems I am encountering with the company I work for. In short they tell me that I can change my name and sex on paper but I have to use the mens room to dress and potty. Now the way I look at it that keeps me from being fulltime if I am required to use the wrong facilities.
Have you checked the company's policies? How about state laws? Also I believe that could be covered under sexual harassment, if your company has policies against that.
That's just insulting.
Look your from minnesota call outfront minnesota and get the facts. Also if your post op and change legal gender no one anywhere in the usa can stop you from using the female bathrooms.
Of course you can go full-time.
Your company may legally or illegally prevent you from using the women's restroom,
but there is no reason why you would ever have to use the men's restroom.
The alternative is to find somewhere else to go, a local store or business.
Inconvenient? Yes.
Maybe you could make arrangements with a sympathetic neighbor.
aye, to what m2 said. A legal gender change is a legal gender change, if you have an "F" on your ID you can use the "F" bathrooom.
Now, I don't know the law in MN, so I am not sure if you can legally change your gender there before SRS or not, so it may be a bit difficult to do RLE, but I know a person who worked with my wife and they transisioned on the job, despite the fact that the employer stipulated that they have to use the male restroom, but once they got SRS (in VA you need permanent genital surgery to get all your ID female) the employer banned them from the mens room and said they had to use the ladies room.
That is the way the law works here, and in that case the employer was not caring about the employee transitioning, however because of the way the law is, they had to for liability reasons bar all people who are legally male from the female restrooms and vice versa. It was pretty frustrating for them, but they seemed to complete RLE and transition without too much of an issue, though they did leave for a location where their coworkers never knew they had once been male after that.
I do believe though, that they usually didn't use the restrooms in the facility, since across the street there is a starbucks with 2 gender neutral bathrooms, I don't know your situation, but that seemed to be enough for them to cope. I am not sure how often they used the restroom at the jobplace itself, and I do know that they did not use the fitness center (with it's gender segregated showers).
Minnesota has laws protecting gender identity: Minn. Stat. § 363.01 subd. 45 (1998).
http://www.hrc.org/1070.htm (http://www.hrc.org/1070.htm)
http://www.hrc.org/issues/workplace/equal_opportunity/about_equal_opportunity.asp (http://www.hrc.org/issues/workplace/equal_opportunity/about_equal_opportunity.asp)
Also there was a ruling, No. 01-3417 on June 20, 2002, that upheld the right of transgender people to use bathrooms congruent with their gender identity/presentation.
http://caselaw.findlaw.com/us-8th-circuit/1372648.html (http://caselaw.findlaw.com/us-8th-circuit/1372648.html)
Your employer can't keep you from using the women's bathroom.
Quote from: Adio on July 26, 2011, 10:01:53 AM
Minnesota has laws protecting gender identity: Minn. Stat. § 363.01 subd. 45 (1998).
http://www.hrc.org/1070.htm (http://www.hrc.org/1070.htm)
http://www.hrc.org/issues/workplace/equal_opportunity/about_equal_opportunity.asp (http://www.hrc.org/issues/workplace/equal_opportunity/about_equal_opportunity.asp)
Also there was a ruling, No. 01-3417 on June 20, 2002, that upheld the right of transgender people to use bathrooms congruent with their gender identity/presentation.
http://caselaw.findlaw.com/us-8th-circuit/1372648.html (http://caselaw.findlaw.com/us-8th-circuit/1372648.html)
Your employer can't keep you from using the women's bathroom.
Adio is correct with this.
It is illegal for your employer to keep you from using the bathroom of your chosen gender identity in the state you live and work in.
You may want to contact the ACLU or find a site (such as the above links) and print out the legalities and present them to your boss.
Legally in your state, it is just as illegal to prevent you from using the correct bathroom for you just as it is from preventing a black person to use a water fountain.
I have talked to the lawyer at Outfron and he says that the company can make the rules as long as they apply equally. There is no law in MN that says I have a right to use the womens room. this is a private company. However, I have something else to look into. The building I work in is a government facilty. It belongs to the county. The rules may apply differently then.
I really regret that your lawyer told you that. MN prohibits workplace discrimination for sexual orientation/gender identity and has done so since 1993. This includes both public and private employment.
I urge you to read the links I posted or seek advice from another attorney.
Quote from: Donna Elaine on July 26, 2011, 09:45:59 PM
I have talked to the lawyer at Outfron and he says that the company can make the rules as long as they apply equally. There is no law in MN that says I have a right to use the womens room. this is a private company. However, I have something else to look into. The building I work in is a government facilty. It belongs to the county. The rules may apply differently then.
I think you need to hire a better lawyer! He's incorrect.
If your boss made it an equal thing to disallow employees from using the bathroom period do you think they could do that? Or making a woman use the men's bathroom?
Yeah, I really don't think the lawyer you talked to was very knowledgeable in this!
Until you work this out, ask your cisfemale friends etc how many of them would use the mens room if they realy had to go. Hope you win this one , but Iwouldn`t let it hold me back,good luck.