EEOC Issues Fact Sheet on Bathroom Access for Transgender Employees

The EEOC has made very clear that it interprets Title VII’s prohibition on discrimination based on sex, to include discrimination based on gender identity and sexual orientation. This week, the EEOC issued a fact sheet clarifying the agency’s position on employer obligations with respect to bathroom access and made clear that “contrary state law is not a defense under Title VII. 42 U.S.C. § 2000e-7.”

The Fact Sheet is here:

https://www.eeoc.gov/eeoc/publications/fs-bathroom-access-transgender.cfm

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