This isn't theoretical or hypothetical—it's happening in businesses across the country. Just ask Spencer Wimmer, a former Generac Power Systems employee who refused to use a transgender colleague's pronouns on the basis of his Christian faith and was fired as a result. He's now filed an EEOC charge, claiming religious discrimination.
This is not an isolated development. It's the front lines of a growing legal and cultural tension: What happens when one person's protected rights collide with another's?
Here's my take: We can't use religion as a license to discriminate.
That's a slippery slope—from pronouns to "I won't serve someone who's gay," to "I won't hire someone who's Jewish," to "I can't supervise someone who's Black." Title VII protects religious rights. But it also protects against discrimination based on sex, race, and religion itself.
So what should employers do when stuck in the middle of this legal and ethical tug-of-war? After all, you wouldn't require a Muslim to eat pork. Why should you require a Christian to use certain pronouns?
Here are 8 practical steps to help you thread this needle:
1. Create clear, inclusive policies.
Spell out your expectations around nondiscrimination and anti-harassment—including protections based on gender identity and religious beliefs. Make sure your policies reflect current law and are communicated during onboarding, training, and in your employee handbook.
2. Take every request seriously.
Don't dismiss religious objections—or requests for respect around gender identity—as fringe issues. Even if you think the answer will be "no," give the process its due. The law requires it, and so does basic respect.
3. Engage in the interactive process.
Sit down with the employee. Ask open-ended questions. Clarify what exactly they are asking for and why. Don't assume bad intent. Don't assume malice. This is about understanding whether a reasonable accommodation exists.
4. Explore neutral workarounds.
Sometimes there's a solution that works for everyone—like using names only instead of pronouns. But the workaround must be neutral and applied consistently. If it ends up singling out or humiliating a transgender employee, it's not an accommodation—it's a problem.
5. Evaluate the impact on others.
Religious accommodations don't happen in a vacuum. If accommodating one employee results in another feeling harassed, stigmatized, or unsafe, you're likely looking at an undue hardship. Courts will back you up on that—especially post-Bostock and Groff.
6. Communicate clearly and respectfully.
Whatever you decide—grant, deny, modify—explain the "why." People may not like the outcome, but they'll understand it better if they feel heard and respected. And it gives you a paper trail, which never hurts.
7. Train your managers.
Most legal risk starts not in HR but in a conversation with a poorly trained supervisor. Make sure your managers understand how to recognize requests for accommodation, when to escalate, and how to stay neutral and supportive in the meantime.
8. Check in and adjust as needed.
Accommodations are living things. They may need to be re-evaluated as roles change, teams shift, or if the solution isn't working in practice. A five-minute follow-up can prevent a lawsuit.
The bottom line: These situations are tough. But tough isn't an excuse to do nothing. It's a reason to do better. Because in the workplace, rights do sometimes collide. The key is to treat both sides with humanity, empathy, and, yes, legal concern.