b'EMPLOYMENT LAWProper Pronouns, Bathrooms & Misgendering:What HR Needs to KnowOn April 29, 2024, the U.S. Equal denial of access to a bathroom Employment Opportunity Commis- or other sex-segregated facility sion (EEOC) issued new Enforce- consistent with an individuals ment Guidance on Harassment ingender identity; andBy Marissa R. Borschkethe Workplace, which goes into effect any of the above conduct within & Kevin Kleine immediately. For the past five years,a virtual work environment.Amundsen Davis Law LLC over one-third of the charges of em-ployment discrimination received byThe EEOCs guidance provides the EEOC included an allegation ofspecific examples to illustrate con-unlawful harassment based on race,duct that would qualify as unlawful sex, disability, or another statutorilyharassment in these situations.protected characteristic.Pregnancy, Childbirth Employers need to be aware of the EEOCs new enforcement guid- or Related Medical ance because it expands the scopeConditionsof conduct that constitutes unlawfulSex-based harassment under Title harassment in the workplace whichVII includes harassment based on the violates Title VII of the Civil Rightsindividuals lactation, morning sick-Act of 1964 (Title VII). ness, physical size during pregnancy, Title VII protects sex, whichusing or not using contraception, or includes pregnancy, childbirth, anddeciding to have, or not to have, an related medical conditions and sex- abortion.ual orientation and gender identity. Under the EEOCs new guidance,Misgendering, Outing, employee protections against unlaw- Pronounsful harassment specifically includes,Failing to address or designate an among other things: employee by their known genderharassment based on issuesidentity or correct pronoun (a/k/a linked to a targeted individualsmisgendering) qualifies as unlawful pregnancy, childbirth, or relatedharassment under Title VII if it is medical conditions; done repeatedly or intentionally.misgendering (i.e., repeatedSimilarly, disclosing an employ-and intentional use of a nameees sexual orientation or gender or pronoun inconsistent with anidentity without their permission individuals known gender (a/k/a outing) also qualifies as identity); unlawful harassment. Sex-based harassment also includes conductouting (i.e., disclosure of anbecause an individual does not pres-individuals sexual orientation ent themself in a manner that would or gender identity without stereotypically be associated with permission); that persons sex.8ILLINOIS BUSINESS LEADER'