May Flowers and ENDA’s Showers

I pulled a couple of well versed legal minds in to shed more light on the shared space concerns: “It’s problematic for employees who have transitioned prior to employment. As I read it, it means that shower or locker rooms without private stalls are exempt, so long as employees get a shower or locker room ‘not inconsistent with’ their self-identified gender. Thus, a transgender person, regardless of surgical status, can be singled out for placement in a single-person shower room, though everyone else uses a multi-person gendered shower room. However, this would only happen, according to the text, if the rooms involved ‘unavoidable nudity.’ Many shower and locker rooms these days have some stalls for private use. ENDA does not require employers to segregate transgender employees. Rather, it specifically notes that when the locker/shower room has private spaces, ENDA applies to permit the transgender person to use the room appropriate

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