Lessons Learned: Misgendering Is Sex-Based Harassment
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June 3, 2024
Last week, the U.S. Equal Employment Opportunity Commission (EEOC) announced that, following its investigation, Columbia River Healthcare Inc., a nursing facility in Vancouver, Washington, operating under the name The Oaks at Timberline (Oaks), has agreed to provide monetary and injunctive relief to a former supervisor.
The former supervisor alleged in a complaint filed with the EEOC that, after disclosing their gender identity and pronouns to Oaks, managers and staff repeatedly and intentionally referred to them using pronouns inconsistent with their gender identity. The EEOC’s investigation revealed that the alleged misgendering went on for more than six months. The investigation also revealed that, despite receiving complaints about and objections to the misgendering, Oaks failed to act appropriately. The alleged conduct, if proven, violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination and harassment based on sex, including gender identity.
The settlement requires Oaks to pay monetary damages, revise its non-discrimination policies, conduct employee training, and provide additional training to managers and staff involved in the investigation of discrimination and harassment complaints.
Employers: As Elizabeth M. Cannon, Director of the EEOC’s Seattle Field Office, said, “Accidental slip-ups may happen, but repeatedly and intentionally misgendering someone is a clear form of sex-based harassment.” Employers have a duty to act – including, but not limited to, training, investigating, and taking disciplinary action – when they know or reasonably should know that employees are being mistreated because of their gender identity.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Washington, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
