Gendered spaces: washrooms and locker rooms

Gendered spaces such as washrooms and locker rooms are very common, but they raise questions and sometimes concerns from both LGBTQ+ communities and non-LGBTQ+ people. In this section, we’ll try to answer those questions and present an inclusive alternative: non-gendered spaces.

Explore the categories

Gendered spaces VS non-gendered spaces Gendered spaces are places that only people of a certain gender are allowed to use (e.g., men’s washrooms, ladies’ change rooms). Non-gendered spaces (also called gender-neutral, unisex or all-gender spaces) are places that everyone has the right to use.

What’s the problem?

Going to the washroom or getting changed in a locker room are everyday activities that should be accessible and safe for everyone. Sadly, this is not always the case – despite the fact that equal access to washrooms and sanitary facilities without discrimination, harassment or abuse is protected under the Canadian Human Rights Act. Many people who are trans or nonbinary or who do not conform to our society’s gender stereotypes have to deal with people staring, making rude comments or gestures, or even creating rules that ensure their exclusion.

In Ontario, 57% of trans people said that they avoid public washrooms out of fear for their safety16

A US study shows 68% of trans people have experienced verbal harassment when using a gendered washroom at least once in their life and 9% have reported experiencing physical violence (e.g., being forcibly removed from the washroom, being hit or physically intimidated).17

Organizational best practices

Set up gender-neutral washrooms and locker rooms. Having at least one gender-inclusive bathroom per building is strongly recommended. For example, if you are planning to renovate your facilities, ask your architects to design gender-neutral washrooms and locker rooms. In addition to these solutions, it's a good idea to make your gendered washrooms trans inclusive.
Indicate gender-neutral washrooms on your floor plans and signage using inclusive signage.
At the entrances of gendered washrooms, indicate the location of the closest gender-neutral washrooms.
Implement a washroom and locker room policy that expressly guarantees access to washrooms and locker rooms according to a person’s gender identity and that bans any type of harassment.
In all washrooms, indicate who has the right to use the space, and remind everyone that harassment and discrimination are not tolerated. You can simply use the policy provided and/or use posters such as those available on the Egale Canada website.

Non-gendered spaces are beneficial to many people In addition to helping LGBTQ+ people who do not conform with gender norms, gender-neutral washrooms and locker rooms can be useful for parents accompanied by young children and disabled people accompanied by an attendant of a different gender. Furthermore, single-stall facilities help all people who want to have more privacy.

What not to do in gendered spaces

Ask a person to prove their gender identity.

Ask a trans person to use other facilities because of other people’s discomfort or negative attitudes.

Provide uninvited comments to people you perceive as trans (e.g., applauding their courage, telling them they are welcome here). Even if it is done with good intentions, it might make them feel awkward.

What to do if…

Someone is worried about the fact that a trans person is using gendered washrooms/locker rooms (e.g., a trans woman in the women’s washroom)	Ask if there was any inappropriate behaviour. If not, suggest that the person who feels uncomfortable use other washrooms/locker rooms in an understanding way. You can also explain to them that the washrooms/locker rooms are shared spaces that are available for use by anyone of the corresponding gender identity (you can refer to your policy and/or signage mentioned in the organizational best practices). It’s up to the person not wanting to share the space to leave, not the trans person.
Someone asks me where the washrooms are, but I don’t want to assume their gender	If the person did not specify which washrooms they were looking for, it’s best to give them as much information as possible. Washrooms are often located in the same general area, but if that is not the case, list them out for the person.

Someone is worried about the fact that a trans person is using gendered washrooms/locker rooms (e.g., a trans woman in the women’s washroom)

Ask if there was any inappropriate behaviour. If not, suggest that the person who feels uncomfortable use other washrooms/locker rooms in an understanding way.

You can also explain to them that the washrooms/locker rooms are shared spaces that are available for use by anyone of the corresponding gender identity (you can refer to your policy and/or signage mentioned in the organizational best practices). It’s up to the person not wanting to share the space to leave, not the trans person.

Someone asks me where the washrooms are, but I don’t want to assume their gender

If the person did not specify which washrooms they were looking for, it’s best to give them as much information as possible. Washrooms are often located in the same general area, but if that is not the case, list them out for the person.

Addressing a myth

“Having gender-neutral washrooms and allowing trans women to use women’s washrooms will lead to more assaults.”

A study carried out in the U.S. in 201818 showed that cities where trans people were not allowed to use restrooms that correspond to their gender identity did not have fewer restroom assaults than cities that allowed trans people to use restrooms that correspond to their gender identity.
Trans people are frequently attacked in washrooms, and forcing them to use washrooms that do not correspond to their gender identity only exposes them to more violence.
Washrooms have been separated by gender for a long time, but that does not seem to prevent attacks. Unfortunately, a symbol on a door doesn’t stop a violent or ill-intentioned person.
Anti-harassment policies still apply, regardless of whether washrooms are gendered or not, and inappropriate behaviour should never be tolerated.

Sample inclusive washroom policy

Note: Feel free to add to and/or modify this template.

Goal: The aim of this policy is to assert [Company name]’s commitment to fostering a work environment that is safe and welcoming for everyone, regardless of their gender identity or expression.

Definition : Non-gendered spaces (sometimes referred to as unisex, gender-neutral or all-gender) are spaces that everyone has the right to use regardless of their gender identity (men, women, nonbinary people, etc.).

Policy statement: In accordance with the Canadian Human Rights Act (Bill C-16), which protects equal access to washrooms and sanitary facilities from any form of discrimination, harassment or abuse, [Company name] undertakes to provide customers, visitors, volunteers and staff members with non-gendered washrooms, and to ensure that they can choose a washroom that best matches their gender identity.

Each person is responsible for deciding which washroom or locker room best corresponds to their gender identity (regardless of the sex they were assigned at birth or the gender designation on their identity documents).
Anyone, regardless of their gender identity, is free to use a non-gendered single-user washroom. These single-user washrooms may help people who need more privacy or feel uncomfortable using gendered washrooms.
It is strictly forbidden to ask a person to provide any proof to justify their right to use a gendered space or to question them about the sex they were assigned at birth, the gender designation on their identity documents or the status of their medical transition.
Staff members and visitors are prohibited from forcing a person to use a single-use washroom unit or a washroom that does not correspond to the individual’s gender identity.

As a reminder, [Company name]’s (refer to name of your anti-harassment policy) neither tolerates nor allows any form of physical, psychological or sexual abuse. Any type of harassment or inappropriate behaviour may result in disciplinary measures up to and including dismissal.

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16. Transgender people in Ontario, Canada: Statistics to inform human rights policy, Trans PULSE Project, 2015. 17. Gendered Restrooms and Minority Stress: The Public Regulation of Gender and its Impact on Transgender People’s Lives, The Williams Institute UCLA School of Law, 2013. 18. Gender Identity Nondiscrimination Laws in Public Accommodations: a Review of Evidence Regarding Safety and Privacy in Public Restrooms, Locker Rooms, and Changing Rooms, Hasenbush, Flores & Herman, 2019.

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