Reference no: EM132296869

The Army barred Tamara, a male who was transitioning into a female, from using the women's restroom. Instead, it required her to use a single-user executive bathroom, which lacked shower facilities.

When the single-user restroom was occupied, Tamara would often use the common women's bathroom. But supervisors told her to stop doing so because it made the other employees uncomfortable. Also, her supervisor continued to refer to Tamara by using male pronouns and calling her "sir,” despite the fact that she had legally changed her name.

Tamara had agreed to a "restroom agreement plan” whereby she would not use the women's restroom until after her surgery. She did this, she said, because she wanted to give her co-workers time to accept the change.

However, Tamara eventually decided not to have the surgery, and she began using the women's bathroom full time. Her supervisor again scolded her. She responded by reminding the boss that she was "legally female.” But, her supervisor never stopped.

Tamara brought an EEOC claim against her employer, citing sex discrimination and harassment. The Army argued that there was nothing in the law that requires employers to permit transgender workers to use restrooms consistent with their gender identity.

As the HR Manager, how do you handle this issue to avoid further escalation to court? Does this warrant diversity related training? If so, give examples of how you will conduct the training.