Whose Restroom Is It?

“We lease space in a building with several other companies. The restrooms are shared by everyone. Recently, an issue arose because a transgender employee from one of the companies was using the “other” restroom. How should this be handled?”

My HR Survival Tip

I don’t know if anyone remembers the TV series “Ally McBeal.” While the series was about a law firm and the personal issues of the attorneys, what really stuck in the viewers’ minds were the restroom scenes. Everyone shared one restroom with about 8 stalls. That locked stall was the only privacy they had.

Well, welcome to the future. That’s one of two options the Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) is providing as a best practice. They recommend either:

• Single-occupancy gender-neutral restrooms (meaning it’s a one-person-at-a-time small restroom that doesn’t specify “men” or “women”), or
• Multiple-occupant, gender-neutral restrooms with lockable single occupant stalls (meaning you use a private stall within a larger restroom that is shared by all, as in Ally McBeal).

While the DOL may bring this up due to discrimination issues, OSHA is finding transgender employees are being shut out of both gender restrooms and it’s become a safety issue. Following DOL’s best practices ensures everyone is treated equally for a win-win and removes the whole gender question.

Sharing a large restroom with the opposite sex might feel a bit uncomfortable at first but don’t tell me that’s the worse thing you’ve ever had to do. If it makes you feel any better, I’ve noticed a trend toward single-occupancy gender-neutral restrooms!