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Rules for transgender bathroom use in the workplace

When people in California go to work usually their only concern is making sure that they do their job correctly and up to the expected standards. They expect that they will only be judged based on their work performance and not on something that is out of their control. Unfortunately, some people are judged on things such as their sex or sexual orientation and others.

Managers and supervisors may have biases towards people like transgender individuals, but they cannot treat them differently than any other employee. This includes how the employer disciplines, promotes, gives raises or how they make decisions for hiring or firing employees. If employers do make these decisions based on sexual orientation, it is considered a form of sex discrimination and it is illegal.

To help ensure that they treat these employees like every other employee, there are certain rules they must follow. These rules include allowing transgender individuals use the bathroom based on their gender identity or expression and not only on the gender of their birth. The employer needs to also take measures to ensure that all employees have reasonable privacy such as ensuring that the stalls have doors that shut and other similar measures. All individual bathrooms must be open to all genders as well.

There are many transgender employees in California and they must be treated like any other employee. This includes allowing them to use the bathroom of the gender they identify with and not their gender at birth. However, the protections go beyond simply rules regarding bathroom use. Despite these rules though, some employers still do discriminate against transgender employees. If they do, they may be required to compensate the victim for damages caused by their discriminatory decisions. Experienced attorneys understand the complexities of these matters and may be a useful resource.

Source: www.dfeh.ca.gov, "Transgender Rights in the Workplace" accessed on Feb. 21, 2018

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