I’m bummed I’m late to this thread as I followed Bostock extremely closely and follow the transgender movement and legal cases and arguments surrounding it more than most people. While Gorsuch’s extreme textualism led the Supreme Court to extend Title VII (of the Civil Rights Act) protections against sex discrimination to transgender individuals in the workplace, it did not go any further. It did not, for instance, change anything about Title IX (of the Education Amendments of 1972), which is why the country is currently split on the question of biological males competing against females in women’s sports. It also didn’t overrule any 1st amendment jurisprudence relating to one’s rights of free speech and exercise of religion. And even though you may think the ruling does something similar to the forced speech laws in Canada that require the use of one’s preferred pronouns, it most surely does not.
The case linked to above had quite different circumstances from Harris Funeral Homes v. EEOC (the transgender case linked with Bostock). The student wasn’t an employee and the professor wasn’t an employer. Based on that alone, the Bostock decision didn’t apply and the EECO interpretation isn’t relevant.
But let’s say they there was an employer/employee relationship. Even your link to the EEOC website doesn’t require that employers are FORCED TO USE (or must force other employees to use) the preferred pronouns of transgender individuals. It only says “intentionally and repeatedly using the wrong name and pronouns to refer to a transgender employee could contribute to an unlawful hostile work environment.” Since the accused volunteered to use the accuser’s name, and the accused never said he would intentionally continue using the accuser’s disfavored pronouns, the accused wouldn’t have run afoul of the EEOC interpretation you quoted. The accuser would also likely need some other contributing factors, especially when the accuser is actually the instigator trying to get the accused fired as in this case.
But before we have a “That bigot didn’t use my preferred pronouns and created a hostile work environment” case go the distance, we are likely to see a case that the posted article is about in front of the supreme court. A case with VERY similar circumstances is working its way through the courts right now with the school system unlikely to settle. https://www.wavy.com/news/virginia/va-supreme-court-to-hear-case-of-west-point-teacher-fired-for-not-using-students-preferred-pronouns/
Like or dislike the Alliance Defending Freedom, their record speaks for itself. They take legit cases, make well reasoned legal arguments, and have won at all court levels, including 67 wins at the Supreme Court. You can bet that any case where they are defending someone, no matter if they lose at lower court levels, could be taken up by the Supreme Court and turn out in their favor.
I understand your viewpoint. It’s cautious, you’re in management, and you probably don’t agree with the conservatives on this board about how much the transgender movement is transforming our society for the worse, so of course you’re going to use people’s preferred pronouns and make sure your company’s ass-covering policy is followed. But if you think this is a settled subject simply because of the SCOTUS ruling of Bostock, you are very mistaken.
Sorry I was so late to the thread. I know @Shandril you said you don’t think debating this is worth your time anymore. But I did my best to outline legally why I stand where I do and I hope you don’t think this is just an unlawful anti-LGBT stance. There are a whole slew of legitimate reasons to be opposed to the extreme pronouncements of the transgender movement that aren’t rooted in bigotry with plenty of legal footing for those stances. I know a for profit employer can’t fire someone simply because they are transgender (even though that protection was unfathomable by the people that wrote the Civil Rights Act). But there are lots of other rights (besides the right to fire one’s employee) in conflict with the rights that the transgender movement is fighting for right now. I hope you agree that these conflicts are things that a society like ours should be able to discuss freely and openly.
