Canadian Employment Law Today

with his or her gender identity. Note that an employer is not necessarily required to build gender-neutral washrooms or changing rooms because a transgender employee has come forward in the work - place. However, if a transgender employee requests access to a private bathroom or place to change, that request must be accom- modated, short of undue hardship. Challenges with accommodating gender identity and expression in the workplace e existing cases on gender identity and gender expression highlight the challenges with respect to accommodating transgen- der people in the workplace. In Seydaco, the tribunal made the following observation: "is is not meant to suggest that in any circumstance and upon request, a transgen- dered person must necessarily be treated in exactly the same manner as others with their lived gender. e issues involved in address- ing transitions in the workplace are complex, in particular regarding the use of washrooms and locker rooms. Society typically divides facilities based on sex, and separate use of such facilities is linked with notions of pri - vacy, identity, public decency and sexuality. Issues about what human rights legislation requires in terms of treatment of transgen- dered, intersex, transsexual and other gender identities in areas that have been divided by sex have been, and doubtless will continue to be subject of litigation and analysis under human rights legislation. " In implementing changes to workplace policies to accommodate transgender em - ployees, employers must also be aware of the impact that such policies will have on other employees and their rights. If employers are not proactive with respect to their poli - cies and expectations of its employees, it is foreseeable that the debate about traditional and progressive views about the use of wash- rooms and change rooms will become a live issue in the workplace or even in the media. One notable example: the media firestorm that erupted after University of Toronto pro - fessor Jordan Peterson released an online video stating that he does not recognize a person's right to be addressed using gender- less pronouns. By proactively communicating policies and standards of conduct with respect to the rights of transgender people in the work - place, employers will be more likely to avoid conflicts and public controversy. Some best practices include: • inking proactively to include gender- neutral washrooms in the workplace • Providing proactive training to commu- nicate the rights of transgender employ- ees, while setting expectations of accept- able workplace behaviour • Promoting the use of respectful and transgender-inclusive language in the workplace • Adding positive transgender-inclusive visual symbols and images in the work - place • Identifying and removing barriers in the workplace, including forms that use bi- nary gender categories For more information see: • Vanderputten v. Seydaco Packaging Corp., 2012 HRTO 1977 (Ont. Human Rights Trib.). Canadian HR Reporter, a Thomson Reuters business 2016 December 7, 2016 | Canadian Employment Law Today ABOUT THE AUTHOR SAFINA LAKHANI Safina Lakhani is a lawyer with Williams HR Law in Markham, Ont., practicing management-side employment, labour, and human rights law. She can be reached at (905) 205-0496 ext. 222, or slakhani@williamshrlaw.com. CREDIT: JOHN AREHART/SHUTTERSTOCK

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