The Law of the Loo

Restrooms are the most highly trafficked areas of corporate offices. Structural changes have revolutionized public toilets in malls and transportation facilities over recent decades, designating some areas as "family" restrooms, particularly for handwashing and diaper changing. Indeed, offices have followed suit by reconfiguring their space and introducing regulations intended to protect sensitive employees.

Extra facilities may be welcome when provided alongside traditional male and female sections. Private companies, however, may struggle to accommodate everyone. In particular, since transgender and binary social movements have captured attention, managers must address delicate subjects.

Legal framework

Federal law in this area is governed by the Occupational Safety and Health Act of 1970, which creates standards through Occupational Safety and Health Administration regulations regarding toilet access and personal hygiene facilities. The number of required toilets is scaled according to the number of employees. Companies comprising 15 or fewer workers must have at least one single-use restroom that can be locked from the inside and is available to all workers. Then, the more employees, the more toilets:

  • 36-55 employees: three toilets
  • 56-80 employees: four toilets
  • 81-110 employees: five toilets

After that, a company must provide another toilet for every additional 40 employees.

OSHA responded to some legal challenges by updating its best practices guidance in 2015. Current guidelines state that employees themselves should decide which restroom is most appropriate to use.

Remember that gender identity is self-selected, regardless of the sex assigned at birth. Transgender workers cannot be forced to use a unisex facility and need not show medical verification of their status. If you manage transgender employees, you may want to discuss with them any relevant company policies, such as diversity, inclusivity, harassment and retaliation. Ask them about any particular concerns, such as restroom policies.

The debate

There are arguments for and against unisex restrooms. Imperatives on all sides are privacy, safety and dignity. 

Advocates for unisex bathrooms insist on the importance of restrooms where any person of any sex, gender or gender identity can feel comfortable. Beyond those concerns, a more private unisex facility may be welcomed by others with health or mobility challenges, by those with young visiting children or by pregnant women. A further benefit, applicable to everyone, would be the extra capacity for those who simply do not care which type of lavatory they use. 

On the other hand, many people find it stressful and uncomfortable to share public bathroom areas with members of the opposite sex. The potential for sheer misuse and bad behavior, such as voyeurism and harassment, can be another threat, especially in schools and other institutions.

Management must also balance the expenses of renovation and refurbishment. Costs may range from about $5,000 to $35,000 per bathroom, depending on whether one is repurposing, updating or adding a new space. A company might start with one single-occupancy restroom, gradually adding more. If you are constructing, enhance the privacy of each stall with floor-to-ceiling doors and walls, covering gaps between doors and frames. Situate away from the main office and reception areas, so staff do not feel they are on parade, but do not tuck it in an invisible corner either. Avoid standard male and female stick-figure icons; just label it "restroom" or "all-gender bathroom."

Cleanliness is next to godliness

OSHA enforces structural requirements. Each toilet must have a door and be separated from the adjacent stalls by partitions. Hygiene also demands that employers provide handwashing facilities with hot and cold or tepid water, soap, and towels or driers.

Clean restrooms boost employee morale while impressing clients, customers and job applicants. They indicate that management cares about sanitation. Go for light colors, with frequent maintenance inspections, as dirt will show more and be easier to clean. For extra flourishes, consider soothing background music, air fresheners, automatic flushers, measured soap dispensers, powerful air driers, ample trash receptacles, phone rests, bag hooks and lotions.

Remind employees to clean up after themselves, either at staff meetings, in company newsletters or via emails. Keep cleaning supplies in an accessible spot. You may not deliver a private sanctuary, but you can maintain hygienic standards.