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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20121
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My wife's office has a women's and a men's restroom. Can men

Customer Question

My wife's office has a women's and a men's restroom. Can men use the woman's restroom even though they do not identify as transgender?
JA: Have you documented this or discussed it with HR?
Customer: No as its a shared office space with another business
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: how can they be stopped?
Submitted: 7 months ago.
Category: Employment Law
Customer: replied 7 months ago.
This is california
Expert:  Marsha411JD replied 7 months ago.


Thank you for the information and your question. That is a private issue. In other words, this is not a statutory issue but instead an employer issue. If the employer does not care or enforce the gender separate bathrooms, then that is up to them. The fact is the employer is not required to have different bathrooms for men and women. That said, there is an issue of privacy if both genders are in the restroom at once and there are not individual private stalls. Also, if the employer doesn't know that some men are using the women's bathroom, someone can complain and see if the employer will make it clear what they want their employees to do. But again, no requirement to have separate bathrooms to begin with, so not a legal violation if both genders use the same one unless there is no separate stalls and they come in at the same time. Then it is a privacy issue.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today.

Customer: replied 7 months ago.
The floor has a men's and a woman's bathroom each has one toilet with a men's and a women's sign on them. The floor is shared between two business. The restrooms are for anyone in the building. The building management put up a sign for everyone stating they need to use the restroom that fits there identified gender. They still use the women's.
Expert:  Marsha411JD replied 7 months ago.

Thank you for your reply. I understand the facts, but that doesn't change the law or my response. As frustrating as it is, this is not a legal issue, but a building management or employer issue. Nothing unlawful in using restrooms marked with the other gender unless, as mentioned, if it is a multiple head room and there are not divisions between the stalls and both genders are in there at the same time. But, what you described would not fit that description since, I assume, only one person at a time is in there.