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Feds warn employers can be punished for failing to use preferred transgender pronouns, restrooms
Just The News ^ | April 30, 2024 | John Solomon

Posted on 04/30/2024 6:40:27 AM PDT by Red Badger

EEOC's landmark new regulatory guidance elevates gender identity as a protected class under discrimination laws like race, sex and religion.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

In landmark guidance, the federal commission created to fight racial and sexual discrimination declared Monday that employers that fail to use a worker's preferred pronoun or refuse them the chance to use the restroom of their choice will be engaging in prohibited harassment.

The U.S. Equal Employment Opportunity Commission published the new harassment guidelines Monday after voting along partisan lines on Friday to approve them, even in the face of opposition from nearly two dozen red states. Three Democratic appointees approved the rules while two Republicans opposed them.

The new document elevates gender identity as a protected class under discrimination laws like race, sex and religion.

Prohibited harassment includes "repeated and intentional use of a name or pronoun inconsistent with the individual’s known gender identity (misgendering) or the denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity,” the new regulatory document declared.

You can read the document here.

https://justthenews.com/sites/default/files/2024-04/Enforcement%20Guidance%20on%20Harassment%20in%20t...qual%20Employment%20Opportunity%20Commission.pdf

Job Creators Network, one of the nation's leading small business groups, decried the new guidance.

"The Biden administration's new guidance on transgender employees is yet another example of executive overreach by unaccountable bureaucrats," Job Creators Network CEO Alfredo Ortiz said. "The guidance is a solution in search of a problem, as the overwhelming majority of employers already provide their employees with a respectful working environment, no matter what their backgrounds.

"While the Biden administration is focused on using the correct pronouns, small businesses are suffering under the weight of resurgent inflation, high energy costs, and a credit crunch due to Democrats' bad policies. Rules about how to treat transgender employees amount to another headache for employers at the worst possible time," he added.

The guidance offered a hypothetical example of the sort of conduct that will be prohibited in workplaces going forward.

"Chloe, a purchase order coordinator at a retail store warehouse, is approached by her supervisor, Alton, who asks whether she was 'born a man' because he had heard a rumor that 'there was a transvestite in the department.' Chloe disclosed to Alton that she is transgender and asked him to keep this information confidential," the regulatory document states. "After this conversation, Alton instructed Chloe to wear pants to work because a dress would be 'inappropriate,' despite other purchase order coordinators being permitted to wear dresses and skirts.

"Alton also asks inappropriate questions about Chloe’s anatomy and sexual relationships. Further, whenever Alton is frustrated with Chloe, he misgenders her by using, with emphasis, “he/him” pronouns, sometimes in front of Chloe’s coworkers. Based on these facts, Alton’s harassing conduct toward Chloe is based on her gender identity," the document states.

EEOC Chairwoman Charlotte A. Burrows argued the changes were necessitated by the Supreme Court’s Bostock v. Clayton decision in 2020 that found that a company would be in violation of Title VII anti-discrimination laws if it fired a worker “simply for being … transgender.”

But 20 Republican state attorneys general told the EEOC last November that the agency's efforts to impose restrictions on pronouns and bathrooms were not authorized by the ruling or by any action of Congress. “Bostock gives no license to these and other of EEOC’s novel proposals," the attorneys generals wrote.

You can read that letter here.

https://justthenews.com/sites/default/files/2024-04/AGsBostockLetter.pdf


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Front Page News; Government; Politics/Elections
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To: Red Badger

Guidance, the federal commission created

Not a law


41 posted on 04/30/2024 7:26:47 AM PDT by Vaduz
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To: Pox; Red Badger

>Can’t wait until this BS is finally put to rest in the courts.

How’d that work for ‘loan forgiveness’?? DACA?? 2nd A. via Heller (*poop* decision still, IMO)??


42 posted on 04/30/2024 7:30:41 AM PDT by i_robot73 (One could not count the number of *solutions*, if only govt followed\enforced the Constitution.)
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To: Skywise
West-Point-Commie-450x281 bignose 8v4eb1
43 posted on 04/30/2024 7:35:25 AM PDT by cuz1961
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To: Red Badger

A solution to this problem is to introduce the “Ln.” title, meaning “Last Name”.


44 posted on 04/30/2024 7:36:05 AM PDT by cymbeline
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To: Red Badger

Observe the intra-company emails if possible. Any name with a signature clause that states preferred pronouns is noted in their personnel file. That is important information when the annual performance reviews are done. Getting passed over a few times for a raise or a promotion would encourage them to quit.


45 posted on 04/30/2024 7:45:36 AM PDT by ByteMercenary (Cho Bi Dung and KamalHo are not my leaders.)
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To: BipolarBob

Ain’t that the truth.


46 posted on 04/30/2024 7:46:04 AM PDT by armourenthusiast (I capitalize everything related to South)
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To: Red Badger

I’m sure there is an army of lawyers ready and willing to start filing lawsuits against employers for “misgendering” employees.

Geez, no wonder so many businesses prefer to hire illegals.

I notice a lot of businesses around here are run and staffed by family members - much safer that way.


47 posted on 04/30/2024 8:07:21 AM PDT by Bon of Babble (You Say You Want a Revolution?)
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To: circlecity

Exactly. These people are literally insane.


48 posted on 04/30/2024 8:07:42 AM PDT by Jonny7797
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To: Red Badger

WTF? How does a commission issue guidelines that become law? Or is this just another overstep by an agency that continues to escape oversight by a derelict Congress?


49 posted on 04/30/2024 8:09:37 AM PDT by econjack
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To: butlerweave
If you see one say NOTHING

Make sure you avert your eyes quickly - or don't look at all, "looking" is considered a micro-agression by the left and they'll certainly take you to court over it for "creating a hostile working environment" - and the tranny will win. They can also read minds and will accuse you of "thinking bad thoughts" about transgenders. The corrupt courts will accept these cases too.

50 posted on 04/30/2024 8:10:27 AM PDT by Bon of Babble (You Say You Want a Revolution?)
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To: laplata

I remember one of Rush’s male callers once saying he had an acid test for dates - he’d ask what they thought of Rush Limbaugh - and the date either ended quickly or proceeded from there.


51 posted on 04/30/2024 8:12:48 AM PDT by Bon of Babble (You Say You Want a Revolution?)
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To: econjack

This is all Obeyme’s doing. Count on it.................


52 posted on 04/30/2024 8:14:35 AM PDT by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: Red Badger

F’ they.


53 posted on 04/30/2024 8:18:05 AM PDT by Bonemaker (invictus maneo)
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To: Red Badger

This is government forcing a religion/beliefs on people.


54 posted on 04/30/2024 8:18:59 AM PDT by CodeToad (Rule #1: The elites want you dead.)
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To: i_robot73

And fire those that are already hired!


55 posted on 04/30/2024 8:21:07 AM PDT by Wright Wing
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To: Jonny7797

“These people are literally insane.”

Criminally insane.


56 posted on 04/30/2024 8:22:31 AM PDT by Bonemaker (invictus maneo)
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To: Tell It Right

In the 1980’s the Equal Rights Amendment, meant to strengthen women’s rights was the cause of the time. Proponents swore that in no way would this proposed amendment allow men to use women’s restroom facilities. HA!!


57 posted on 04/30/2024 8:23:47 AM PDT by Impala64ssa (Laiken Riley is my daughter!)
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To: circlecity
Forcing someone to use preferred pronouns

Only way this can possibly work is requiring the mentally ill that require a special identifier be used under penalty of law is to also require these idiots have all their expected pronouns be visibly apparent to everyone. Failing to notify the public of every name you go by should also be forced by law if using them is forced. Maybe require their special pronouns be tattooed on their foreheads.

58 posted on 04/30/2024 8:26:33 AM PDT by redcatcherb412
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To: Red Badger

just dont hire them to begin with and this wont be an issue


59 posted on 04/30/2024 8:27:04 AM PDT by TexasFreeper2009
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To: eyeamok
The first thing you do is CLOSE the bathrooms permanently and have porta potties
Better yet, single use unisex ADA compliant locker and restroom facilities. But then the exhibitionist and voyeur "communities" will bitch and moan. The hustle never ends
60 posted on 04/30/2024 8:27:47 AM PDT by Impala64ssa (Laiken Riley is my daughter!)
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