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OSHA Issues New Guidelines Regarding Transgender Employees

June 4, 2015

New guidance issued by the Occupational Safety and Health Administration (OSHA) requires all employers to allow transgender employees the use of bathroom facilities consistent with the gender identity with which the employee identifies.

The guidance also prohibits employers from requiring employees to provide medical documentation of their gender identity or requiring them to use segregated facilities.

In issuing the guidance OSHA reminds all employers that they have an obligation to provide a safe workplace free of harassment and intimidation or other threatening behavior.

Employers should be prepared for this new guidance to avoid any potential employee complaints or retaliation/harassment complaints filed with OSHA or any other enforcement agency.

For more information about the impact of this OSHA guidance, please contact Jaime Ramón at 214-698-7831 or jramon@dykema.com, any of the attorneys listed in the left, or your Dykema relationship attorney.

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