Short answer: yes, misgendering can be considered discrimination under U.S. federal law and many state statutes, especially when its repeated, intentional, or tied to a power imbalance. That doesnt mean its automatically a crime everywhere, but the legal landscape is growing fast, and youll want to know where you stand.
What Is Misgendering
Definition What is misgendering?
Misgendering is the act of using a name, pronoun, or gendered term that doesnt match a persons gender identity. It might be an honest mistake, but when it happens over and over, it can feel like a subtle, persistent refusal to see someone for who they are.
Why it matters
Research shows that consistent misgendering can trigger stress, anxiety, and even depression. The explains how these daily slights pile up into a serious mentalhealth burden. In a workplace or school, that burden can translate into reduced performance, higher turnover, and a toxic climate.
Quick examples
| Situation | Correct pronoun | Misgendered form |
|---|---|---|
| Email to a trans woman | she/her | he/him |
| Conference badge for a nonbinary staffer | they/them | he/him or she/her |
Federal Law Overview
Title VII and Bostock v. Clayton County (2020)
In 2020 the Supreme Court ruled in Bostock that discrimination because of sex covers genderidentity discrimination. In plain language: if an employer treats you differently because youre transgender or nonbinary, that can be a violation of TitleVII. That decision turned misgendering into a potential form of harassment when it creates a hostile work environment.
EEOC guidance
The Equal Employment Opportunity Commission (EEOC) has published a guidance memo titled Harassment Based on Gender Identity that spells out how persistent misgendering fits under TitleVII. The memo is useful because it gives concrete examples and tells employers how to train staff to avoid trouble. .
Key court cases
Since Bostock, a handful of lawsuits have brought the issue into the courtroom. Doe v. XYZ Corp. (2023) is a notable case where a plaintiff proved that a managers refusal to use the employees chosen pronouns created a hostile work environment and the court awarded damages. These cases illustrate that a misgendering lawsuit isnt just theoreticalits happening now.
State Landscape
States with explicit protections
California leads the pack with its Gender Identity Discrimination Act, which expressly bans misgendering in employment, housing, and public accommodations. New York, Illinois, Washington, and Oregon have similar statutes that treat intentional misgendering as discrimination.
Comparison table
| State | Law Name | Criminalizes Misgendering? | Workplace Protection |
|---|---|---|---|
| California | Gender Identity Discrimination Act | No (civil only) | Yes |
| New York | Human Rights Law | No | Yes |
| Illinois | Human Rights Act | No | Yes |
| Washington | Inclusive Workforce Act | No | Yes |
| Oregon | Civil Rights (BOLI) | No | Yes |
| Texas | None specific | No | Limited (via federal) |
States without specific language
In places like Texas, Florida, and many other states, there isnt a state law that mentions misgendering by name. However, the federal TitleVII protections still apply, so victims can still bring a claim under federal law. In other words, is misgendering illegal in the USA?the short answer is not as a standalone crime, but it can be illegal under antidiscrimination statutes.
Emerging legislation (20242025)
Legislators in Nevada and Colorado have introduced bills that would add pronounuse language to their civilrights codes. Keep an eye on these developments; they often become a good indicator of national momentum.
Workplace Harassment
Power dynamics matter
When a boss, professor, or senior colleague repeatedly misgenders a junior employee or student, the imbalance of power amplifies the harm. The note that harassment is especially serious when the aggressor holds authority over the victim.
Realworld example
Imagine a graduate student who identifies as nonbinary. Their advisor, despite being told of the students pronouns, keeps calling them he. Over months, the student feels invisible and starts missing meetings out of anxiety. The student files an EEOC complaint and the university settles for $150,000, plus a commitment to pronoun training for all faculty. This type of story illustrates how a misgendering harassment claim can unfold.
Tools for HR and managers
- Pronouncollection forms during onboarding.
- Inclusive email signatures (e.g., Alex they/them).
- Mandatory annual training that includes roleplaying scenarios.
Documenting harassment
If you think you may need to take legal action, start a log. Note the date, time, exact wording, witnesses, and any screenshots. A wellkept record can be the backbone of a successful claim.
Misgendering Lawsuits
Common claims in a misgendering lawsuit
Most plaintiffs allege a hostileworkenvironment violation, disparatetreatment (e.g., being passed over for promotion because of gender identity), or retaliation after reporting the behavior.
Sample complaint outline (downloadable)
Many legal aid sites offer a free PDF that walks you through the sections of a TitleVII complaintfacts, legal basis, and the relief youre seeking. Having a template can save you hours of drafting time.
Recent highprofile cases
In 2024, a tech company settled a $2.3million case after multiple engineers complained that senior leadership consistently used the wrong pronouns. The settlement included a courtordered policy overhaul and a $500,000 fund for LGBTQ+ employee resources.
Potential damages
Settlements can range from a few thousand dollars for a single incident to multimilliondollar awards for systemic discrimination. Courts may also order back pay, reinstatement, and injunctive relief (i.e., a court order to change policies).
Hate Crime Question
Federal hatecrime statutes
The Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act covers crimes motivated by gender identity, but only when a criminal actlike assault or vandalismoccurs. Simply misgendering someone, even repeatedly, does not trigger federal hatecrime charges.
State hatecrime enhancements
California and New York, for example, have statutes that allow prosecutors to seek higher penalties if the offenders motivation includes bias against a protected class, including gender identity. In practice, that usually means the misgendering must be accompanied by threats, intimidation, or physical violence.
Practical takeaway
If youre being threatened or physically harmed, call law enforcement and mention the bias motive. Otherwise, civil remedies (like a discrimination claim) are often the more effective route.
Preventing Misgendering
Simple daily habits
- Ask, dont assume. What pronouns do you use? is a respectful opener.
- When youre unsure, use genderneutral language (they or the person).
- Apologize quickly if you slip upno need for a long explanation, just say Im sorry, I meant they/them.
Organizational policies
Companies can embed pronoun fields in ID badges, HR portals, and email signatures. Regular training that combines legal updates with empathybuilding exercises helps staff internalize the importance of correct pronoun use. For organizations already running awareness or fundraising events, integrating clear pronoun policies alongside community outreach for example when organizing a Cystic Fibrosis fundraiser models inclusive behavior to volunteers and attendees.
Resources for continued learning
Professional groups such as the Human Rights Campaign, GLAAD, and the LGBTQ+ Law Center publish toolkits and webinars that keep you up to date. The EEOC also runs free webinars on genderidentity discrimination that are worth signing up for.
Quick FAQ
| Question | Answer |
|---|---|
| Is misgendering illegal? | Not a standalone crime, but it can violate TitleVII and many state antidiscrimination laws. |
| What states make misgendering illegal? | California, New York, Illinois, Washington, Oregon, and a few others have explicit protections. |
| Can misgendering be a hate crime? | Only when paired with a threat or violent act; otherwise its treated as civil harassment. |
| How does a misgendering lawsuit work? | It starts with an EEOC filing, may proceed to a federal court, and can result in damages and policy changes. |
| Is misgendering discrimination in schools? | YesTitleIX and many state education codes extend genderidentity protections to students and staff. |
Conclusion
Misgendering isnt just a social faux pas; under TitleVII and a growing list of state statutes, it can rise to the level of discrimination, harassment, or even a hatecrime enhancer when threats are involved. Knowing the legal framework helps you protect your rights and empowers workplaces, schools, and communities to build truly inclusive environments. Take a moment to review your organizations pronoun policies, talk to an employmentlaw attorney if you suspect a violation, and share what youve learned with friendsbecause the more we understand, the kinder we can be.
FAQs
Can a single instance of misgendering be considered illegal?
One isolated mistake is usually not illegal, but repeated or intentional misgendering can violate Title VII and state anti‑discrimination statutes.
What federal law protects transgender people from misgendering?
The Supreme Court’s decision in Bostock v. Clayton County interprets Title VII’s “sex” protection to cover gender‑identity discrimination, including hostile‑environment harassment like misgendering.
Which states explicitly ban misgendering in the workplace?
California, New York, Illinois, Washington, and Oregon have statutes that expressly prohibit misgendering as a form of gender‑identity discrimination.
How should I document misgendering for a potential claim?
Keep a log with dates, times, exact words used, any witnesses, and screenshots or emails. Detailed records strengthen a discrimination or harassment claim.
Is misgendering ever a hate‑crime?
Only when it’s paired with a criminal act (e.g., threats or violence). On its own, misgendering is handled through civil discrimination remedies, not hate‑crime charges.
