I have no idea how to handle this situation. So a woman comes to me and says that she's been misgendered by staff and wants to bring in her lawyer or go public. However she has never expressed to us, for months of employment now, that her pronouns are she/her and I guess she just hasn't been referred to by a third person pronoun by any management/HR people yet. I really have no idea what to do about the threat or what is fair. HELP!

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Yes I would inquire about how they / if they made their preferred pronouns known. Does the company have anywhere where that question is asked to new employees as on boarding? Do they go by she /her or are they them??

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Have her put her complaint in writing. Tell her that you will look into it, but it may take time to objectively and impartially evaluate all sides of the situation—document when she filed her first complaint/everything. Then, discuss the with legal and HR. She needs to demonstrate that the misgender mistakes were intentional and persistent, creating a hostile working environment. If she never let anyone know that she was being miss misgendered until now, that doesn’t help her case.

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Has she shared this with her direct leadership? I wouldn’t expect HR to be the first to know if this person doesn’t report to you. Have you confirmed with her manager that she has never shared her pronouns?

How was she referred to?

Do you have in-house counsel? If not, dm me. Sounds like company needs a lawyer.

Ah yes. Here come the lawyers to save the day!

Definitely ask her to document and then talk through each incident with her one by one. If she wants her lawyer there, fine, but it’s not a legal proceeding. I think the most important thing is that you have an actual conversation with her. She wants to share that she’s feeling disengaged and excluded. Give her the oppty to share; allow her to have a voice.

If you uncover anything that actually needs correcting, then you should do so. Have the uncomfortable conversations with the ppl who misgendered her and help them understand why it’s so hurtful.

I don't know. Maybe "Let's make sure the lawyer has everything they need. Let's find the email/ paperwork where you first make your pronoun preference clear and then we can collect examples following that date." They have no email or paperwork because they didn't make a preference clear. But you have made it clear you support anyone who does make it clear.

Lawyers getting involved over preferred pronouns? The inmates are truly running the asylum.

Not saying I don't support her but if she did not outright made her pronouns known does she really expect to win the case if she does take it public?? Still think the offender needs to get disciplinary actions though.

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