Yes, Americans are still getting used to using the proper pronoun in gender identity and transgender situations.   But EEOC has made it crystal clear they are legally obligated to do so at work or risk violating the law. The Commission has found that “intentionally misusing a transgender complainant’s pronouns would be offensive and demeaning to a reasonable person in that complainant’s position…(“While inadvertent and isolated slips of the tongue likely would not constitute harassment,” the record reflected that the supervisor intentionally referred to complainant with a male name and male pronouns to “humiliate and ridicule” her).” See Joi J., v. Louis DeJoy, Postmaster General, EEOC No. 2022000712 (2023) and Lusardi v. Dep’t of the Army, EEOC No. 0120133395 (2015). When several co-workers of a transgender employee regularly chose to ignore her preferred identity and pronoun, EEOC ordered that,…

“Within 120 calendar days of the date this decision is issued, the Agency shall report whether it proposed discipline against the responsible management officials, including, at a minimum, the Manager, the Supervisor, the Human Resources Manager, the Manager of Labor Relations, and Coworker-1.” That order is on top of awarding the employee retroactive leave restoration and  compensatory damages.

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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One Response to

  1. Shirley says:

    Great information. Just learn to address people by their name and you can avoid gender confusion. When you do this then the individual is still respected and it does not put you in a precarious position because of your beliefs about gender.

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