The EEOC is NOT trying to make "misgendering" a thought-crime.
In response, Andrea Picciotti-Bayer, Director of the Conscience Project, wrote an op-ed on thehill.com taking the EEOC to task for its alleged "thought-policing."
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Yesterday, a federal jury in Columbus returned a $2.6 million verdict in favor of Stacey Yerkes, a former Ohio State Highway Patrol employee who claimed that she was constructively discharged (forced to quit based on intolerable and unreasonable working conditions) because of her sexual orientation.
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If a human identifies as anything other than a man/woman, please seek services at a local pet groomer. You are not welcome at this salon. Period.
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Jane works as a cashier at a donut shop. She is a transgender female who identifies by a female name and female pronouns. Her supervisor, Lisa, however, refuses to use Jane's preferred gender. She uses Jane's male legal name, male pronouns, and "dude" when referring to her, despite Jane's frequent requests for her to use female pronouns and the preferred female name. Lisa would similarly encourage customers not to use Jane's preferred name or pronouns.
Did Lisa create a hostile work environment based on Jane's sex?
You bet she did.
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Yesterday, the Supreme Court declined to hear the appeal of a school district challenging the right of a transgender student to use the bathroom that corresponded to his gender identity, leaving in place the landmark 4th Circuit opinion holding that transgender bathroom restrictions constitute illegal sex discrimination.
This decision falls in line with the EEOC's recent statement on this issue for employers.
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In Meriwether v. Hartop, the 6th Circuit recently decided that a state university cannot force a professor to use students' preferred gender pronouns, and permitted the prof to proceed with his lawsuit challenging the school's discipline for his misgendering.
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