Federal Overreach Alert: If Employers Don’t Honor Preferred Pronouns, They Can Be Sued

nito / shutterstock.com
nito / shutterstock.com

In a recent development that has many scratching their heads, the Biden administration has put forth a series of guidelines that could have employers tiptoeing on eggshells. Under these new rules, employers could be in hot water if they slip up on pronouns or dare to stick to traditional restroom policies.

According to the Equal Employment Opportunity Commission (EEOC), if an employer persistently refers to an employee with a pronoun they don’t prefer or restricts them to a bathroom that aligns with their biological sex, they could be on the hook for harassment. Yep, you heard it right. Pronouns and bathrooms are now on the frontline of workplace battles.

Well, well, well, it looks like the EEOC is handing out harassment tickets for bathroom mishaps and pronoun slip-ups. Who knew a simple “he” or “she” could cause such a stir? But fear not, folks, the Biden brigade is here to save the day—or so they think. While the Democrats are patting themselves on the back for their progressive move, the Republicans are left scratching their heads, wondering when common sense took a backseat to political pandering. And so, the battle of pronouns rages on, with the EEOC waving its flag of workplace wokeness while the rest of us try to figure out what’s next in this bizarre saga.

This move, pushed through by the Biden-backed majority at the EEOC, has stirred up quite the hornet’s nest. The three Democrats on the commission, including Chairwoman Charlotte Burrows, gave the new guidelines a thumbs-up. At the same time, the two Republican members saw red flags all over it.

Andrea Lucas, one of the Republican commissioners, didn’t mince words, slamming the guidance as an attack on women’s rights. She pointed out that by erasing the distinction between sexes in the workplace, the EEOC is trampling on women’s privacy and safety.

Now, let’s talk about legalities. While these guidelines aren’t laws etched in stone, they carry weight. They’re like the EEOC’s official stance on how to navigate tricky workplace scenarios. So, if an employee feels wronged because of pronouns or restroom access, they could wave these guidelines in their employer’s face.

But hold your horses! This isn’t the EEOC’s first rodeo regarding gender identity in the workplace. A few years back, they tried to wiggle in exceptions for LGBT employees regarding restroom policies and dress codes. However, that move got a swift kick from the legal boots.

A sharp-eyed attorneys general from 20 states saw through the smoke and mirrors and took the EEOC to court. Led by Tennessee’s own Herbert Slatery, they argued that deciding on restroom policies isn’t Uncle Sam’s job—it’s Congress’s. And guess what? They won.

In a victory for common sense, the courts slowed the EEOC’s overreach. They made it crystal clear that the EEOC was barking up the wrong tree by trying to twist the law to suit its agenda.

So, what’s the bottom line? The EEOC might be trying to rewrite the rules, but they’re getting a reality check from the courts. As much as they might want to play judge and jury on workplace pronouns and potties, it’s not their call to make.

And for those employers wondering how to navigate this maze of pronouns and bathrooms, my advice is to stick to your guns. Respect your employees, sure, but don’t let the government strong-arm you into policies that don’t make sense for your workplace.

Ultimately, it’s about finding that delicate balance between respect and reality. And if the EEOC wants to keep playing this game, they better bring more than just pronouns. Because last I checked, there are bigger fish to fry in the workplace than worrying about who’s using which restroom.