The logical placement for the policy will depend in part on how the
handbook is organized, but generally, the policy can be placed in the
same section as the employer’s policies against discrimination and harassment.
It’s not mandatory for an employer to include a section on
transgender bathroom access in its policy against
harassment/discrimination. If you choose
to include the information, the samples below may be helpful. As you can see from the samples, it’s not
necessary to cover bathroom access in detail, a couple of sentences will likely
convey the key points.
From OSHA’s Guide to Restroom Access for Transgender Workers
“…all employees should be permitted to use the facilities
that correspond with their gender identity. For example, a person who identifies
as a man should be permitted to use men’s restrooms, and a person who
identifies as a woman should be permitted to use women’s restrooms. The
employee should determine the most appropriate and safest option for him- or
From the Model Transgender Employment Policy published by
the Transgender Law Center (http://transgenderlawcenter.org/wp-content/uploads/2013/12/model-workplace-employment-policy-Updated.pdf):
“All employees have a right to safe and appropriate restroom
facilities, including the right to use a restroom that corresponds to the
employee’s gender identity, regardless of the employee’s sex assigned at birth.
That is, transgender women must be permitted to use the women’s restroom, and
transgender men must be permitted to use the men’s restroom. That decision
should be left to the transgender employee to determine the most appropriate
and safest option for them.”