The Occupational Safety and Health Administration (OSHA) encourages businesses to provide transgender employees access to restrooms that correspond to their gender identity.
A transgender individual is defined as someone whose internal gender identity is different from the sex they were assigned at birth. For example, a transgender man may have been assigned female at birth and raised as a girl, but identify as a man.
US law mandates that employees be provided with toilet facilities with “no unreasonable restrictions” thereto. For transgender employees, this means that they can use the men’s restrooms if they consider themselves men and vice versa.
Furthermore, OSHA suggests that transgender employees can use single-occupancy gender-neutral (unisex) facilities and multi-occupant, gender-neutral restroom facilities with lockable single occupant stalls. It also stresses the importance of knowing other federal, state and local laws on restroom access and anti-discrimination initiatives.
For more information, download "Best Practices: A Guide to Restroom Access for Transgender Workers."