What restroom should a transgender employee use?

The law gives all employees the right to use the restroom that corresponds to the employee’s gender identity or gender expression, regardless of the sex assigned to the person at birth. As the employer, you cannot:

  • Tell a transgender employee which restroom to use;
  • Require the transgender employee to undergo, or provide proof of, any medical treatment or procedure before using a particular restroom; or
  • Require the transgender employee to provide any identity document to use a particular restroom.

This rule applies to other facilities as well, such as locker rooms and changing rooms.