b'Proper Pronouns, Bathrooms & Misgendering:What HR Needs to KnowFailing to address or designate an employee by their known gender identity or correct pronoun (a/k/a misgendering) qualifies as unlawful harassment under Title VII if it is done repeatedly or intentionally. Denial of Bathroom Accesssexist comments made during a Denying an employee access to avideo meeting;bathroom or other sex-segregated ageist or ableist comments typed facility consistent with their genderin a group chat;identity, OR in relation to their preg-racist imagery that is visible in an nancy, childbirth, or related medicalemployees workspace while the conditions may be a violation of employee participates in a video Title VII.meeting; orEmployers should note that in addition to being part of a harass-sexual comments made during a ment claim, denial of access to avideo meeting about a bed being bathroom consistent with ones gen- near an employee in the video der identity may be a discriminatoryimage.action in its own right and should beIn sum, the EEOCs new enforce-evaluated accordingly. ment guidance enhanced protections Virtual Meetings against workplace harassment for Harassing conduct is not limited toemployees, notably for employees the physical workplace. Harassmentwho have medical conditions related includes conduct if it is conveyedto pregnancy or childbirth, particular using work-related communicationgender/pronoun and/or restroom systems, accounts, devices, or plat- preferences, and for employees who forms (i.e., via email, instant mes- identify as LGBTQ+ or are pregnant. saging, videoconferencing, or otherThis new guidance, however, also cov-technologies).ers other statutorily protected charac-As with a physical work envi- teristics. With that in mind, employ-ronment, conduct within a virtualers need to exercise caution and be work environment can contribute topatient to see how courts respond to a hostile work environment. Harass- the EEOCs new enforcement guid-ment in the virtual workplace canance, as theres little doubt it will be include: challenged and spark mounting legal battles in the coming years.JUNE 20249'