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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.