Gender Ideology in the Workplace

Gender Ideology in the Workplace

Can My Employer Force Gender Ideology In the Workplace?

In the United States, an employer cannot require employees to accept gender ideology in a way that infringes upon their rights or discriminates against them based on their gender identity or expression.

Employers are required to respect an employee’s self-identified gender identity and expression in various aspects of employment, including dress and grooming standards, use of facilities, and job duties.  See California Government Code 12949 Requirement to adhere to reasonable workplace appearance grooming and dress standards.

The rights you have if your employer forces you to use preferred pronouns can vary depending on the jurisdiction and specific circumstances. Generally, the law recognizes the importance of using an individual’s preferred pronouns in the workplace. However, there are instances where the right to free speech and the right to refrain from speaking are also protected.

Can My Employer Force Me to Use “Preferred Pronouns”?

This one is tough.  They may not want to, but it depends on the law.

Balancing Rights …

In some jurisdictions, employers are advised to use an individual’s preferred pronouns, as this promotes goodwill and mitigates the risk of harassment or hostile work environment claims under Title VII and the American With Disabilities Act. (ADA)

In California, for instance, an employer who fails to abide by an employee’s stated gender preference may be liable under the California Gender Nondiscrimination Act (which amended the Fair Employment and Housing Act.) The California Gender Nondiscrimination Act is contained in Government Code Sections 12926, 12940, 12949, and 12955.

Employees have the right to be addressed by their preferred name and pronouns, regardless of whether they have legally changed their names or had their gender identity changed on legal documents.

…While NOT Compelling Speech

However, there are also legal precedents that protect an employee’s right to refrain from speaking or being compelled to utter a resident’s preferred pronoun.  Taking Offense v. State of California, 66 Cal. App. 5th 696. Taking Offense v State.

In some cases, an employee is not required to use preferred pronouns and may refer to individuals only by their preferred first name, provided the employee elects not to use pronouns for any individual. RICARD v USD 475 GEARY CTY SCH SCH BD MEMBERS ET AL

Certain state laws, such as in Tennessee, also do not require teachers or other public school employees to use a student’s preferred pronoun if it is not consistent with the student’s biological sex.  See Tenn. Code Ann. 49-6-5102

It Depends

Your particular rights in any given situation will depend on a variety of factors, including your location, the specific policies of your employer, and the context of your work environment.  If any of the policies violate your conscience or religious beliefs, you may wish to seek a religious accommodation.

It is advisable to consult with a legal professional to understand your rights fully in your specific situation.   See also Forced to Use Pronouns?