New challenge for Texas employers: Transgender employees’ restroom rights — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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New challenge for Texas employers: Transgender employees’ restroom rights

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in Discrimination and Harassment,Human Resources

Time was when an employer’s only preoccupation with restrooms was whether the cleaning crew was keeping them stocked with soap, towels and toilet paper.

Enter the new reality: Federal agencies and lesbian, gay, bisexual and transgender (LGBT) rights groups are contending that transgender employees should be given the right to choose between restrooms having an “M” or a “W” on the door.

The EEOC and restrooms

On April 1 this year, the EEOC issued a landmark ruling in favor of a transgender worker employed by the federal government. The Lusardi v. McHugh case (EEOC No. 0120133395) involved a civilian employee of the U.S. Army who was transitioning from male to female. Her employer restricted her to a single-occupant restroom until such time as she became anatomically female.

The EEOC said the policy subjected the complainant to “disparate treatment” because of her sex in violation of Title VII of the Civil Rights Act of 1964.

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