How Do Employers Address 'the Bathroom' Issue?

Published on 1 February 2025 at 14:06

It's become very common for organizations to support Employee Resource Groups (ERG) as a means of amplifying employee voices. ERGs are typically structured around immutable characteristics such as skin color, ethnicity, and sexual orientation, which I find to be bizarre. This assumes that people who share similar immutable traits think alike, which is quite inhumane. 

So what does this have to do with bathrooms? It's often the LGBTQ ERG that advocates for gender-neutral bathrooms, and employers who don't have single-user bathrooms often acquiesce to this request by declaring that single-sex bathrooms can be used by anyone who identifies as the gender aligned with the bathroom. I would encourage all employers to review a recent press release from the EEOC (see link below), in which Acting Chair Lucas announces that one of her priorities for compliance, investigations, and litigation is "to defend the biological and binary reality of sex and related rights, including women's rights to single-sex spaces at work."

The EEOC investigates and litigates against businesses and other private employers for violations of federal laws prohibiting sexual harassment, and Lucas suggests that not providing sex-specific workplace facilities like bathrooms should be considered sex discrimination.

 

Removing Gender Ideology and Restoring the EEOC's Role of Protecting Women in the Workplace

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