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Transgender Employees' Access to Restrooms in the Workplace

By Amber N. Morton

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?

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