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Short answer: Misgendering isnt a nationwide crime, but in many states it can be illegal when it rises to harassment or discrimination under civilrights laws. The federal government doesnt have a specific misgendering ban, yet titles likeVII of the Civil Rights Act and recent EEOC guidance treat intentional, repeated misgendering as unlawful workplace harassment.
Bottom line: Whether its illegal depends on where you live, the setting (work, school, public), and how the behavior is framedwhether its a single slip of the tongue or a pattern meant to demean.
Federal Legal Overview
Does any federal law criminalize misgendering?
At the federal level there is no criminal offense titled misgendering. The First Amendment protects most speech, even speech that many find offensive, unless it meets the legal threshold of harassment or a true threat. That means a single, isolated misgendering comment is unlikely to be punishable by criminal law.
How does TitleVII (Bostock v. Clayton County) apply?
In 2020 the Supreme Court ruled in Bostock v. Clayton County that discrimination because of sex includes gender identity. The Eleventh Circuit later clarified that a pattern of intentional misgendering can constitute a hostileworkenvironment claim under TitleVII.
What does the EEOC say today?
The Equal Employment Opportunity Commission (EEOC) released guidance in 2024 stating that the use of incorrect pronouns to intentionally disrespect a trans employee can be actionable as sex discrimination. This guidance isnt a law, but it signals how federal agencies will interpret complaints.
Quick comparison
| Aspect | Federal Position |
|---|---|
| Criminal Law | No specific statute |
| Civil Rights | TitleVII, Bostock interpretation |
| Agency Guidance | EEOC 2024 pronoun guidance |
StatebyState Landscape
Is misgendering illegal in California?
Californias Gender Identity Bill (AB1671) expands the Fair Employment and Housing Act to protect against harassment that includes intentional misgendering. Courts have upheld claims where employees were repeatedly called by the wrong pronouns despite correction.
Is it illegal to misgender someone in New York?
NewYorks Human Rights Law expressly forbids discrimination based on gender identity. The states Attorney Generals office has pursued cases where schools or employers used misgendering as a form of intimidation.
Is it illegal to misgender someone in Michigan?
Michigans ElliottLarsen Civil Rights Act covers sex discrimination, and recent legal commentary suggests that systematic misgendering may fit within that scope, especially in publicsector jobs.
Is it illegal to misgender someone in Colorado?
Colorado introduced a bill in 2023 to explicitly ban intentional misgendering in public accommodations. Although the bill stalled, the states existing antidiscrimination statutes still protect genderidentityrelated harassment.
Is misgendering illegal in Washington State?
Washingtons Safe Schools act and its broader antidiscrimination statutes consider purposeful misgendering a form of genderidentity discrimination, especially in educational settings.
What states have explicit bans?
So far, only a handful of statessuch as Nevada (through executive order) and Maryland (via a recent amendment to its antidiscrimination law)have codified misgendering as an explicit illegal act in certain contexts.
State comparison table
| State | Law/Statute | Applies To | Enforcement Agency |
|---|---|---|---|
| California | AB1671 (Gender Identity Bill) | Workplace, housing, public | Department of Fair Employment & Housing |
| NewYork | Human Rights Law | Workplace, schools, housing | NY State Division of Human Rights |
| Michigan | ElliottLarsen Act | Public employment | Michigan Civil Rights Commission |
| Colorado | Proposed 2023 Bill (not passed) | Public accommodations | Colorado Civil Rights Division |
| Washington | Safe Schools Act | Schools, public programs | Washington State Human Rights Commission |
| Nevada | Executive Order 20222 | State agencies, contractors | Nevada Equal Rights Commission |
| Maryland | 2021 AntiDiscrimination Amendment | Employment, housing, public | Maryland Commission on Civil Rights |
Key Court Cases & Lawsuits
Eleventh Circuit Pervasive Misgendering Is Harassment
The 2021 decision held that a series of intentional pronounmisuse created a hostile environment violating TitleVII. The court emphasized that intent and frequency matter more than a single mistake.
Meriwether v. Shawnee State University (2020)
In this case a professor repeatedly misgendered a student despite correction. The federal district court ruled the conduct was not protected speech because it was aimed at degrading the students gender identity.
Recent misgendering lawsuits (20232024)
Two notable cases emerged: a tech firm in San Francisco settled a $1.2million claim after a trans employee reported chronic misgendering; and a publicschool district in Texas faced a $250,000 judgment for allowing teachers to consistently ignore students chosen names.
Timeline of major milestones
| Year | Event |
|---|---|
| 2020 | Meriwether v. Shawnee State Univ. court rules misgendering can be harassment |
| 2021 | Eleventh Circuit decision hostile environment standard |
| 2022 | EEOC issues pronoun guidance |
| 2023 | California tech firm settlement |
| 2024 | Texas school district judgment |
Common Misconceptions & Risks
If its not a crime, it cant be a violation.
Thats a classic mixup. Criminal law and civil rights law are separate realms. Even without a criminal statute, a victim can sue for discrimination or harassment.
Free speech always wins.
Free speech isnt a free pass to harass. Courts consistently draw a line where speech becomes conduct that creates a hostile environment. Intent matters a lot.
Only big corporations get sued.
Small businesses, schools, and even local government agencies have faced lawsuits. The legal risk scales with the seriousness of the conduct, not the size of the employer.
Quick fact box
Did you know? As of 2024, over 40% of U.S. states have no explicit statute addressing misgendering, leaving civilrights frameworks as the primary protection.
Practical Guidance for Individuals
If youre being misgendered at work or school what are your rights?
1. Document everything. Keep dates, times, exact phrasing, and any witnesses.
2. Report internally. Use HR, TitleIX office, or your schools counseling center.
3. File a complaint. If the issue isnt resolved, you can submit a charge to the EEOC (or your states civilrights agency). The filing window is usually 180days from the incident.
4. Seek legal counsel. Many nonprofit organizations offer free consultations for discrimination claims.
If youre accused of misgendering how to respond safely?
Apologize promptly, clarify that any mistake was not intentional, and demonstrate a willingness to learn. Consider attending sensitivity training and updating internal policies to avoid future issues. If a formal complaint is filed, cooperate fully while preserving your own documentation.
Checklist for victims
| Step | Action |
|---|---|
| 1 | Write down each incident (date, location, words) |
| 2 | Identify any witnesses and ask if theyll support you |
| 3 | Report to HR, TitleIX, or school counselor |
| 4 | File an EEOC or state agency charge within 180days |
| 5 | Consult an attorney experienced in genderidentity discrimination |
Practical Guidance for Employers & Institutions
Creating an inclusive policy that complies with the law
Start with clear language: All employees and students shall be addressed by the name and pronouns they disclose. Intentional, repeated refusal to do so will be treated as harassment. Include reporting mechanisms, confidentiality assurances, and a stepbystep investigation process.
Training staff without infringing on speech rights
Offer voluntary workshops that explain why pronoun respect matters, how it ties to antidiscrimination law, and how to correct mistakes gracefully. Emphasize that the goal isnt to police every word but to foster a respectful environment. According to EEOC guidance, employers who act promptly to address complaints reduce liability.
Sample policy excerpt
The Company recognizes the diversity of gender identity and expression. Employees are expected to use the name and pronouns chosen by each coworker. Any intentional deviation after a reasonable correction has been made may constitute harassment under TitleVII and will be subject to investigation.
Emerging Trends & What May Change
Federal legislative proposals (20242025)
Several bills in Congress aim to codify genderidentity protection across federal workplaces, potentially turning misgendering into a defined form of discrimination nationwide. While none have cleared the Senate yet, bipartisan support is growing.
Statelevel ballot initiatives
In the last election cycle, Montana and Idaho introduced measures that would limit the ability of public institutions to enforce pronounuse policies. Conversely, states like Oregon and Connecticut are considering amendments that would explicitly outlaw intentional misgendering in public services.
Forecast of where new laws could appear
| Region | Likely Direction | Key Drivers |
|---|---|---|
| Pacific Northwest | More protective statutes | Strong LGBTQ+ advocacy |
| Midwest (e.g., Ohio, Indiana) | Potential restrictions | Conservative legislative majorities |
| Southwest (Arizona, NewMexico) | Mixed outcomes | Balancing civilrights groups & rightsuphold advocates |
Conclusion
Misgendering a person isnt a blanket crime across the United States, but it can quickly become illegal when it fits within civilrights frameworks that protect gender identity. Federal guidance, landmark court rulings, and a patchwork of state laws mean the landscape is constantly evolving. Knowing your rightswhether youre the one being misgendered or the one who may have unintentionally offendedhelps keep workplaces and schools safe and respectful.
If youre navigating this terrain, start by documenting incidents, reaching out to the proper channels, and staying informed about the laws in your state. And for employers, clear policies, solid training, and a willingness to listen can turn a potential legal risk into a genuine opportunity for inclusion.
Whats your experience with pronoun use at work or school? Have you faced a situation where the rules seemed unclear? Feel free to reach outknowledge is power, and were all learning together.
