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EEOC Files Lawsuit on Behalf of Transgender Worker Barred from Restroom

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The US Equal Employment Opportunity Commission (EEOC) recently filed a lawsuit against Deluxe Financial Services Corp. alleging that the financial services corporation illegally discriminated against a transgender worker by denying her access to the women's restroom on the job.

The lawsuit asserts that Britney Austin had performed her duties satisfactorily over a long tenure in the Phoenix offices of the Minnesota-based corporation. After Austin informed her employers of her transition and began to live as a woman, she was subjected to a hostile work environment by managers and other employees who used transphobic slurs, made derogatory comments on her appearance, intentionally misgendered her. In addition, the lawsuit claims that denying Ms. Austin access to restrooms which reflected her gender identity itself constitutes unlawful sex-based discrimination The lawsuit is the third to date filed by the EEOC on behalf of a transgender worker; of two other cases filed last September, one has since been settled.

Rayford O. Irvin, district director for the EEOC's Phoenix District Office, explained that an employee should not be "forced to face the indignity and danger of using a restroom inconsistent with her gender identity, simply because a company's management subscribes to sex stereotypes and believes coworkers may feel uncomfortable.” Irvin continued: “Employee and customer preferences based on stereotypes are not a legitimate reason to discriminate."

This lawsuit comes as part of the EEOC's ongoing efforts to implement a Strategic Enforcement Plan, adopted in December 2012, which makes “coverage of lesbian, gay, bisexual, and transgender individuals under Title VII's sex discrimination provisions” a top Commission enforcement priority. The suit follows a recent ruling on behalf of a federal worker, wherein the EEOC ruled that denying employees equal access to workplace restroom facilities consistent with their gender identity constitutes sex discrimination under Title VII. The suit also follows guidelines issued by the US Occupational Health and Safety Administration (OSHA) last week, directing employers to allow employees to decide for themselves which restroom best suits their needs.

National Center for Transgender Equality (NCTE) Director of Policy Harper Jean Tobin said, of the lawsuit: “It ought to be very clear by now that equal opportunity on the job has to include something as basic as using the restroom - for transgender workers just as much as anyone else. Using a restroom inconsistent with your identity is a terrible humiliation and an invitation to harassment. It's the same as saying you can't use the restroom at all. And if you can't use the restroom, you can't work."

NCTE strongly urges anyone who has experienced employment discrimination to contact a trans-friendly legal organization and consider filing a charge of discrimination with the EEOC. For more information, please consult our Know Your Rights resource on employment.

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