Employment Law Strategist Publishes Amber Morton’s Article on Transgender Employees’ Access to Restrooms

Title VII and the Fair Employment and Housing Act (“FEHA”) provide protections for transgender employees in the workplace and require employers to grant unrestricted restroom access according to the employee’s full-time gender presentation. In the article, “Transgender Employees’ Access to Restrooms in the Workplace” published by Employment Law Strategist, attorney Amber Morton provides an explanation of the law and the steps an employer can take to comply with these requirements and ensure that all employees remain comfortable in using restroom facilities.

The United States Supreme Court has ruled that when an employer discriminates against an employee based on the employee’s failure to conform to gender stereotypes of the employee’s sex, this constitutes actionable discrimination. Further, the EEOC recently found that a claim for discrimination based on gender transitioning, change of sex, and sex discrimination based on gender identity constituted a cognizable claim under Title VII.

Accordingly, Ms. Morton advises all employers to take steps to ensure they are complying with FEHA and Title VII by providing all of their employees unrestricted access and use of restroom facilities and for the employer and employee to work together to enable the employee to complete his or her transition in an open and welcoming workplace environment.

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