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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.
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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.