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Readers of this blog know that the EEOC recently finalized its new workplace harassment guidance and that one of the contentious issues in the guidance, according to a dissenting EEOC Commissioner, is the EEOC’s position that misgendering an employee, e.g., by consistently using the wrong pronouns, can violate Title VII.
The EEOC’s position has legal support. For example, I wrote here about an Eleventh Circuit decision in which the appellate court concluded that misgendering an employee can be severe and pervasive enough to create a hostile work environment.
But what about when Title VII forces collide, like when a teacher
