Can a Company Force You to Call Them by Their Preferred Pronoun?

Should a company be able to compel you to use a transgender coworker's preferred pronoun? This topic has sparked debates across various sectors, especially in the United States. The decision from the U.S. Court of Appeals for the 6th Circuit provides some clarity, establishing that employees can be protected against forced pronoun usage in certain situations.

The ruling centers around a philosophy professor at Shawnee State University in Portsmouth, Ohio, who was compelled to use a transgender student's preferred pronouns. However, the court ruled that the professor's suit against the university for violating his First and 14th Amendment rights can proceed. This decision is groundbreaking and highlights the tension between enforcing preferred pronoun usage and protecting freedom of speech and personal identity.

Freedom of Speech and Preferred Pronouns

The court's decision embodies a significant victory for free speech and the principles of the rule of law and common sense. It sets a precedent against the growing orthodoxy in American culture that demands compliance with preferred pronouns. At least within academia, individuals can no longer be compelled to use pronouns they believe do not accurately reflect a person's identity.

Company Policies and Compliance

While a person cannot be legally forced to use preferred pronouns, companies can and do have the authority to enforce such policies as part of their broader inclusivity initiatives. These policies are designed to create a welcoming and inclusive workplace culture that can help retain and attract high-quality talent. A company that excludes or harasses employees based on their pronoun usage is likely to face employee turnover and reputational damage.

The Reality of Policy Enforcement

Companies typically do not expect individuals to use preferred pronouns for every single person in the workplace. Instead, they focus on creating an environment where employees can use appropriate and respectful language. The court's decision supports this realistic approach, as it acknowledges that people have the right not to be compelled to use pronouns they believe do not accurately reflect a person's identity.

Employment Consequences for Refusal

While a company cannot legally force an individual to use a preferred pronoun, they can take disciplinary action if an employee harasses coworkers based on their pronouns or gender identity. If an employee's refusal to comply with the use of preferred pronouns results in a hostile work environment, the company may terminate their employment without violating any legal protections.

It is essential to understand that laws and policies can vary depending on the region and the specific company. In some jurisdictions, there may be laws requiring the use of preferred pronouns, and companies must comply with these laws. However, in a general sense, companies can establish and enforce policies that promote respect and inclusivity, including the appropriate use of pronouns.

In conclusion, while the legal right to use preferred pronouns is a complex issue, the decision from the U.S. Court of Appeals for the 6th Circuit provides clarity on the importance of protecting individuals' freedom of speech. Companies can create policies that promote a respectful and inclusive workplace, but they cannot legally force an individual to use preferred pronouns. The key is to strike a balance between inclusivity and individual rights.