The Obama Administration wants “transgendered” individuals to have free access to any restroom or locker room they choose, depending on which sex they prefer to be.
In May, Obama ordered the U.S. Department of Justice and U.S. Department of Education to issue joint “guidance” to public schools and colleges to not “discriminate” against boys who dress like girls and want to use the girls’ bathrooms and locker rooms and vice versa.
The “guidance” had no force of law but it came with a warning that federal funding would be withdrawn from any school that didn’t comply completely.
Now, Obama has instructed the Equal Employment Opportunity Commission to issue “guidance” with its fact sheet titled, “Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964.”
According to the Hall Estill Law Firm in Tulsa, the EEOC claims that discrimination against someone who claims to the “transgendered” violates Title VII, the statute that prohibits discrimination on the basis of sex.
According to the fact sheet, “an employer cannot require a transgender employee to use a single-user restroom in lieu of allowing the employee access to a common (multi-user) restroom that corresponds to the employee’s gender identity.” And the EEOC states that an employer cannot make an employee show proof that the employee has undergone surgery or other medical procedures as a condition of using a bathroom.
The Occupational Safety and Health Administration last year in recommended “best practices” suggested that employees be allowed to use restrooms that correspond to the “gender identity.”
OSHA wants businesses to provide “appropriate and safe restroom options” without asking for medical proof of a “transformation.” Single-occupant restrooms are not an option, according to OSHA.
“While other employees are not required to change their beliefs to accommodate transgender co-workers, the agencies have made clear that transgender employees’ rights to restroom access consistent with their gender identity is necessary to enable transgender employees to perform their jobs free from discrimination on the basis of their sex/gender identity – and they will seek to hold employers who fail to provide nondiscriminatory restroom access to transgender employees accountable under the law,” according to a release from Hall Estill.
Oklahoma has no laws related to restrooms in the workplace.