Philadelphia, PA asked in Employment Discrimination, Sexual Harassment and Employment Law for New Jersey

Q: Can a male coworker use the women’s restroom if there’s males restroom available/empty and female coworker is in there?

I work around majority male co workers making me the only female who works nights, and one female identifies as male. I did not know a male was in there until I heard a noise and checked.

1 Lawyer Answer
James L. Arrasmith
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  • Employment Law Lawyer
  • Sacramento, CA

A: It is generally considered inappropriate for a male coworker to use the women's restroom if there are males restrooms available and empty. If a male coworker uses the women's restroom in the presence of a female coworker without a valid reason, it can create a hostile work environment and could be considered sexual harassment. However, if the male coworker identifies as transgender, they may have a legal right to use the restroom corresponding to their gender identity under anti-discrimination laws. It's best to consult your company's policies or HR department for guidance on restroom use by transgender employees.

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