While there is no single solution for every workplace, employers are encouraged to find solutions that are safe, convenient, and respectful.

Happy Joe’s Pizza

Employers should not ask employees to provide any medical or legal documentation of their gender identity.

Editor’s note: This is the fourth article in a series where we’ll ask Courtney Leyes and Emily Litzinger, employment lawyers at Fisher Phillips, employment law questions specific to the restaurant industry. The first, on hiring minors, can be found here. The second, on how to accommodate pregnant and breastfeeding employees, can be found here. The third, on tip pooling, can be found here. The fourth, on improving labor relations, can be found here.

What is gender identity and why is it important?

Gender identity is how a person views their internal gender. Gender identity can correlate with a person’s assigned sex or can differ from it. For example, a transgender man may have been assigned female at birth and raised as a female but identifies as a man. Gender identity is an intrinsic part of each person’s identity and everyday life. Accordingly, it is essential for employees to be able to work in manner consistent with how they live the rest of their daily lives based on their gender identity.

Restricting employees to using only restrooms that are not consistent with their gender identity or segregating them from other workers singles out those employees and could result in fear for their physical safety....

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