Example State and Local Laws
Rule 81.9 of the Colorado regulations requires that employers permit their employees to use restrooms appropriate to their gender identity rather than their assigned gender at birth without being harassed or questioned. 3 CCR 708-1-81.9 (revised December 15, 2014), available at https://www.sos.state.co.us/CCR/3%20CCR%20708-1.pdf?ruleVersionId=6008&fileName=3%20CCR%20708-1. For more information refer to: “Sexual Orientation & Transgender Status Discrimination—Employment, Housing & Public Accommodations,” Colorado Civil Rights Division, available at http://hermes.cde.state.co.us/drupal/islandora/object/co:9345/datastream/OBJ/view.
Guidance from the Delaware Department of Human Resource Management provides Delaware state employees with access to restrooms that correspond to their gender identity. The guidance was issued pursuant to the state’s gender identity nondiscrimination law. Delaware’s policy also suggests: Whenever practical, a single stall or gender-neutral restroom may be provided, which all employees may utilize. However, a transgender employee will not be compelled to use only a specific restroom unless all other co-workers of the same gender identity are compelled to use only that same restroom. For more information refer to: State of Delaware Department of Human Resources Gender Identity Policy and Procedures
District of Columbia:
Rule 4-802 of the D.C. Municipal Regulations prohibits discriminatory practices in regard to restroom access. Individuals have the right to use facilities consistent with their gender identity. In addition, single-stall restrooms must have gender-neutral signage. D.C. Municipal Regulations 4-802, “Restrooms and Other Gender Specific Facilities.”
The Iowa Civil Rights Commission requires that employers allow employees access to restrooms in accordance with their gender identity, rather than their assigned sex at birth. For more information refer to: “Sexual Orientation & Gender Identity – An Employer’s Guide to Iowa Law Compliance,” Iowa Civil Rights Commission.
The Vermont Human Rights Commission requires that employers permit employees to access bathrooms in accordance with their gender identity. For more information refer to: “Sex, Sexual Orientation, and Gender Identity: A Guide to Vermont’s Anti-Discrimination Law for Employers and Employees,” Vermont Human Rights Commission.
The Washington State Human Rights Commission requires employers that maintain gender-specific restrooms to permit transgender employees to use the restroom that is consistent with their gender identity. Where single occupancy restrooms are available, the Commission recommends that they be designated as “gender neutral.” For more information refer to: “Guide to Sexual Orientation and Gender Identity and the Washington State Law Against Discrimination.”
For more information:
- Learn more about bathroom access for transgender employees with “A Guide to Restroom Access for Transgender Workers,” available from Occupational Safety and Health Administration (OSHA).
- Know your rights outside the workplace: Public Accommodations for Transgender Individuals