Accessibility Tools

Skip to main content

EEOC Addresses Controversial LGBT Restroom Policies

Written on .

A year ago the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII outlawed workplace bias based on sexual orientation and transgender status. However, that ruling expressly left open questions on whether employers could segregate bathrooms or dress codes by sex. 

According to guidance issued by the EEOC in June, employers cannot bar workers from bathrooms or locker rooms that correspond to their gender identity. The guidance states: "In other words, if an employer has separate bathrooms, locker rooms or showers for men and women, all men (including transgender men) should be allowed to use the men's facilities and all women (including transgender women) should be allowed to use the women's facilities." 

Editor's Note: This guidance is controversial for several reasons. First, it provides a definitive opinion on an issue left open by the U.S. Supreme Court. Nevertheless, there have been prior Equal Employment Opportunity Commission (EEOC) rulings consistent with the current guides. Another controversial aspect, however, is that the EEOC Commission, which currently has a 3-2 Republican majority, did not vote on the guidance. The guidance was issued solely on the authority of the current Administration's appointed Chair of the EEOC.

This is part of our August 2021 Newsletter.

Click here to download the newsletter PDF

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

promo graphic, Responding to a Plaintiff Attorney’s Demand Letter
It is quite common for plaintiff’s attorneys to write a letter to a company, popularly called a “demand letter,” claiming the employer has…
scales of justic and gavel
On June 9, 2026, the U.S. House of Representatives passed the Faster Labor Contracts Act (FLCA), a concept long supported by organized labo…
gavel, court room table
In a Department of Justice (DOJ) Memo issued on June 9, 2026, the DOJ has re-evaluated the Equal Employment Opportunity Commission’s (EEOC)…
woman symbol lineup
The U.S. Supreme Court has upheld the laws of two states reserving female teams for biological females, finding such laws do not violate ei…
stack of reports
A vote on July 21, 2026, was 2-1 by the EEOC Commissions to end workforce demographic data collections.  A notice of rulemaking must appear…
pile of cash
Individuals and corporations can begin making contributions to tax-advantaged investment accounts for children starting July 4, 2026, and s…