Folks, misgendering an employee can be severe and pervasive enough to create a hostile work environment.
I’m going to tell you about a transgender man who worked for three years as a sergeant for a state prison. While working at the prison, he began the process of medically and socially transitioning to align with his gender identity. He underwent hormone replacement therapy, obtained a legal name change, and decided to live openly as a man.
Since he had to disclose his gender identity at work, the employee contacted Human Resources. On a phone call with the HR director, during which the employer inquired if he “had the surgery,” the employee could hear people laughing.
As others learned about the man’s transition, he endured what the Eleventh Circuit Court of Appeals described as “constant and humiliating harassment.”
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