Accommodating transitioning employeesWhat are the legal requirements around washrooms and locker rooms?By Leah Schatz01/01/2019|Canadian HR Reporter|Last Updated: 12/21/2018 Question: If an employee declares they are transitioning their gender but still appear as their original gender, when is the employer legally required to allow the worker to use facilities such as washrooms or locker rooms for their new gender?Answer: To appreciate the employer’s obligations, it is necessary to understand the distinction between sex, gender identity and gender expression. A person’s sex refers to the physical characteristics associated with being male or female. A person’s gender identity is a person’s sense of themselves and may either be different or the same as the sex they were assigned at birth. Gender expression is how a person presents their gender. How a person presents their gender may not necessarily reflect their gender identity.In the past several years, provinces across Canada have amended human rights legislation to include gender identity or expression as prohibited grounds of discrimination. However, for those provinces without such legislation, transgender people are protected from discrimination on the ground of sex. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.