How do I handle employees who are uncomfortable sharing a bathroom with their transgender coworker or say using their coworkers’ preferred pronouns doesn’t align with their religious beliefs?

Both federal and California law require employers to ensure a workplace free from discrimination, including gender identity and expression. The California Fair Employment and Housing Act (FEHA) explicitly protects transgender employees, requiring employers to recognize the employees’ preferred name and pronouns and allow them access to facilities that align with their gender identity.

Additionally, Title VII of the federal Civil Rights Act of 1964 bars sex and gender discrimination in employment but does not explicitly prohibit workplace discrimination based on gender identity.

In 2020, however, the U.S. Supreme Court ruled that any employment decision based, at least in part, on a person’s sexual orientation or gender identity constitutes unlawful discrimination under Title VII.

Although sincerely held religious beliefs also are protected under both Title VII and FEHA, those beliefs do not exempt employees from complying with anti-discrimination laws.

Employers must provide reasonable accommodations for religious beliefs, but not if these accommodations impose an undue hardship or create a hostile work environment for other employees.

In other words, the law is clear that employers cannot grant religious accommodations that violate state or federal law.

The best approach is to establish clear policies that reinforce workplace respect, provide training on inclusion and compliance with both state and federal law, and ensure managers are prepared to address concerns appropriately.

Employees do not have to agree personally with company policies but must adhere to them. Employees having safety concerns related to restroom use should report them to management so those concerns can be addressed appropriately.

However, a transgender person using the restroom that aligns with their gender identity does not, in and of itself, pose a safety risk.

Policies should emphasize that all employees are expected to treat one another with respect and that discrimination or harassment will not be tolerated.

Read more about Gender, Sex, and Gender Identity and Expression in the HR Library.