Transgender Harassment, Reverse Discrimination Cases Allowed by Courts
Two cases show that courts consider alleged harassment or discrimination based on transgender or cisgender status to be true and valid under Title VII of the Civil Rights Act. Vacating summary judgment for the employer, a federal appeals court has ruled that while an occasional mistake using the incorrect name or pronouns will not create liability, misgendering an employee can be “severe and pervasive” enough to support a claim of hostile work environment under Title VII. Copeland v. Ga. Dep’t of Corr. , 97 F.4th 766 (11th Cir. 2024). Misgendering is using pronouns and gendered terms, such as man, woman, guy, and girl, other than the pronouns and the gender identity the employee has specified for them. In a “reverse” gender identity case, a federal district court has ruled that a cisgender man’s complaint that his transgender coworkers were treated more favorably than he has stated a legal claim sufficient to survive a motion to dismiss. McCreary v. Adult World, Inc. ...