Which Bathroom Should a Transgender Employee Use? The Federal Government Chimes In

For transgender people, a day-to-day activity as mundane as going to the bathroom at work can be complicated, confusing, or so unwelcoming that they just don't go at all. Right now, the U.S. doesn't have any specific federal requirements for transgender-compliant restroom policies in the workplace. But this week, the Department of Labor's Occupational Safety and Health Administration (OSHA) issued best practices that recommend transgender employees have access to the restrooms that correspond to their gender identity. "A person who identifies as a man should be permitted to use men’s restrooms, and a person who identifies as a woman should be permitted to use women’s restrooms," the report reads. "The employee should determine the most appropriate and safest option for him- or herself."

Bathroom access falls under OSHA's purview because avoidance can lead to serious health issues, such as urinary tract infections and bowel and bladder problems. But research suggests that transgender employees often forgo using public restrooms. One small study from the Williams Institute at UCLA found that 70 percent of respondents had experienced denial of access to facilities, verbal harassment, and physical assault when using public bathrooms, with 54 percent reporting physical complications from bathroom avoidance. "It’s incredibly important that employers understand the real health consequences that happen to transgender workers when they are denied access to bathrooms," said Lisa Mottet, the deputy executive director at the National Center for Transgender Equality. The Williams Institute estimates there are 700,000 transgender adults in the U.S.