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Mar15
Human Resources Part IV
The following is not meant to be legal advice.

 

 

In human resources these days, the issue of transgender may come up.  When a person is undergoing changes in his/her sex, should that person use the female or male bathroom.

 

 

If the person is requested to use a single bathroom just form him/herself, the person may be singled out, and it may be considered discrimination because then everyone would see him/her going to the bathroom each time, and perhaps make comments.

 

If a person appears a certain sex, but has anatomy of another, the solution may be to have a unisex or family restroom.  If there is no ability to build out such a restroom, there may be a process to allow people who go to the restrooms to lock the doors such that no one else is able to go inside while in use. 

 

 

The I-9 is for identification of employees.  In the form, there is a place to identify sex.  If a person looks one sex, but has the anatomy of another sex, the determining factor on the sex may be the documentation such as the passport or license given.  If the government document does not indicate the sex that the person have affection for, the proper procedure would be to identify the sex as in the government document not what the person wants to be since the person has not technically undergone a full change, and the government has not acknowledged the gender that the person identifies with.

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