Interpreting EEOC's Transgender Bathroom Fact Sheet

Law360, New York (June 3, 2016, 10:49 AM EDT) -- On May 2, 2016, the U.S. Equal Employment Opportunity Commission issued a fact sheet addressing transgender employees' rights in the workplace.[1] Titled "Bathroom Access for Transgender Employees Under Title VII of the Civil Rights Act of 1964," the fact sheet declares that employers may not discriminate against employees on the basis of gender identity and declares that employers may not restrict the ability of transgender employees to use restrooms consistent with their gender identity. Significantly, the EEOC also announced that contrary state laws are not a defense to a Title VII claim.

The critical term used by the EEOC is "gender...

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