New OSHA Guide to Restroom Access for Transgender Employees

By:
National Center for Transgender Equality
Monday, June 1, 2015

http://transequality.org/blog/new-osha-guide-to-restoom-access-for-transgender-employees

The new guidelines stress that segregating or excluding trans workers from facilities consistent with their gender identity can effectively prevent them from using the restroom at all, at risk to their health. Because they may constitute an unreasonable restriction on this basic guarantee, denial of reasonable access to restrooms consistent with an employee's gender identity may constitute a violation of the OSHA rules, as well as non-discrimination laws.

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I'd be interested in hearing from some of the folks here who are well-versed in US law. Is this binding on all employers?

Yes Suzi, I believe it is binding as OSHA oversees all workplace safety. This IS historic. If they don't comply the employee is entitled to file a complaint with OSHA and that could bring the 800 pound gorilla into the room.

The only potential downside I can see is that employers may be more hesitant to hire a trans worker if they think it may cause bathroom issues. Let's be honest, they don't deny the job based on being trans but just say someone else was better qualified.

Pass comprehensive ENDA!

what Traci said. Most companies are scared poopless of OSHA.

Quote from: suzifrommd on June 02, 2015, 11:13:45 AM
I'd be interested in hearing from some of the folks here who are well-versed in US law. Is this binding on all employers?

The answer to your question can be found in the document's disclaimer, located at the bottom of the page.

QuoteDisclaimer:
This document is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of mandatory safety and health standards. The recommendations are advisory in nature, informational in content, and are intended to assist employers in providing a safe and healthful workplace. The Occupational Safety and Health Act requires employers to comply with safety and health standards and regulations promulgated by OSHA or by a state with an OSHA-approved state plan. In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

http://www.dol.gov/asp/policy-development/TransgenderBathroomAccessBestPractices.pdf

Quote from: Emerald on June 02, 2015, 07:48:12 PM
The answer to your question can be found in the document's disclaimer, located at the bottom of the page.

Yeah it's just a guideline and has no teeth.  So basically it's useless and may even get people fired thinking they have legal rights when in fact they have nothing.  Most employers are not going to comply because they don't have to.