“You just have to treat someone with basic decency, and I think that’s at the crux here.” That is what Forum for Equality board member Logan Wolf has to say, and it goes to the very heart of a contentious controversy burning in US workplaces. The recent firing of Louisiana pastor and library technician Luke Ash for refusing to employ a colleague’s preferred pronouns has become the new hot issue in a national battle over where religious belief crosses over with inclusiveness.
Ash’s experience is not unique, but is especially charged in Louisiana, where religious freedom and anti-discrimination laws are robust and at times in tension. When he declined to use a co-worker’s preferred pronouns a policy clearly articulated in the East Baton Rouge Parish Library’s code of conduct Ash was first admonished, then terminated. He informed him, “I’m not going to lie, I cannot do it,” based on his religious faith as the grounds for his denial.
This is one of a string of similar controversies sweeping over schools, libraries, and companies. Across the U.S., businesses are struggling with whether to prioritize the rights of transgender and non-binary employees to be treated as they are, with the rights of others to act in accordance with their religion. The Equal Employment Opportunity Commission (EEOC) believes purposeful misgendering constitutes a Title VII violation of the Civil Rights Act, although several states, like Florida, have passed laws specifically prohibiting public schools from using pronouns not consistent with one’s sex assigned at birth, thus creating a direct conflict between federal and state mandates.
Legal repercussions in those cases have been anything but anticipated. In Ohio, a court decided in favor of a teacher who resigned from employment after she was instructed to employ pupils’ chosen pronouns, holding that compulsion to do so was beyond the scope of her normal job functions and infringed upon her religious freedom. Meanwhile, the Supreme Court of Virginia ruled in favor of a teacher who was fired for refusing to use a student’s preferred pronouns, awarding him $575,000 in damages and legal expenses as well as directing the school board to clear his record. These moves indicate the way in which courts are now recognising the fact that educators and school employees are not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
But the law remains to be clarified. The Religious Freedom Restoration Act (RFRA) and similar state legislation may provide an exemption for employees with sincere religious beliefs, so long as accommodating them will not cause an undue hardship to the employer or violate anti-discrimination protections. As a result, some courts have enjoined the EEOC from enforcing its pronoun usage guidance where religious complaints are raised, while others have feature the obligation of the employer to provide an environment free of harassment for all employees.
For HR professionals and employers, the message is simple: tread lightly. The EEOC indicates that intentional misgendering may constitute workplace harassment, and businesses are encouraged to offer periodic training on LGBTQ+ issues and foster a culture of respect. Employers are also encouraged to have good-faith dialogue with employees who have religious objections and, where feasible, offer reasonable accommodations.
Best practices are emerging: using gender-neutral language in messages, including pronouns in email closings, and having clear policies that respect both gender identity and deeply held beliefs. As Michelle Blanchfield, a technical product owner, describes, “Just like our name is something that is ours and ours alone, our pronouns are an extension of that. It’s not always easy to get used to and I don’t always get it right, but I will continue to do better every day, because it really matters!.”
The Louisiana case is far from over, and its outcome has the ability to resonate through workplaces nationwide. As legal observers watch closely, one thing is certain: the intersection of religious freedom and workplace diversity is a battleground on which policy and empathy will be balanced in the weeks and months to come.
