The legislation and controversy surrounding the use of bathrooms by transgender individuals has sparked debate, hate, and opinions all around the country. In late May 2016, eleven (11) states had sued the Obama administration for their guidelines regarding the use of bathrooms. Obama has been accused by conservatives of making schools a “social experiment” in allowing students who identify as transgender to choose which bathroom they will use at school. Parents are concerned about the safety of their children while in school, and worry about the exposure of children to topics such as this at a young age. Are there any right answers moving forward with this issue? How do employers ensure that their employees’ rights are protected while still following the guidelines set forth by the legislative and executive branches of our government?

Earlier this year, North Carolina passed a law that bans transgender individuals from using public bathrooms that do not match the sex listed on their birth certificates. Of course, this is in violation of the federal guidelines and constitutes discrimination. North Carolina then sued the federal government, and the federal government responded with their own lawsuit. It’s like a never-ending circle of lawsuits, legislation, and discrimination. Where will it end? And how?

We don’t have all of the answers on this incredibly hot topic in 2016, but we do know a few things that might help employers navigate these choppy waters!

1. Employers are best served to follow the federal guidelines set forth to protect themselves from claims of discrimination and costly litigation.
2. With competing responses from different arms of the government (federal vs. state in the case of North Carolina), employers would be wise to consult legal counsel before adapting any of their existing policies.
3. Err on the side of anti-discriminatory behaviors, actions, and policies. In other words, choose the path that is least likely to cause any discrimination, whether intentional or not.
4. Reiterate to your employees that their safety is of utmost concern to the company, and encourage them to seek out HR if needed.

In times like these, where we see acts of incredible violence such as the Orlando shooting in the early morning hours of June 12, 2016, it seems that we would all be best served to promote an environment of more love, less hate; more acceptance, less intolerance. Because in the wake of the largest massacre on U.S. soil since 9/11, it is clear that humanity as we know it is capable of doing awful things. Having a workplace that encourages diversity and inclusion is one step in the right direction. #prayfororlando #transgender #weareorlando