Written by attorneys · grounded in primary & secondary sources — see below
A characteristic treated as a protected basis for prohibiting harassment or discrimination in rules governing lawyer and judicial conduct as well as in employment statutes.
Sources & Authorities
How it applies
Common Examples
2
Lawyer's Misgendering During Deposition
Gordon Gray represents a corporate defendant in a contract dispute. During a deposition, Gray repeatedly refers to opposing counsel's transgender associate using pronouns inconsistent with the associate's stated gender identity and makes dismissive remarks about the associate's appearance. The conduct occurs in connection with pending litigation and is observed by multiple attorneys. The state disciplinary authority later investigates whether Gray violated professional conduct standards.
Employer Termination of Transgender Worker
Gideon Graves works as a customer service representative at Gateway Bank. After Graves informs the bank of a transition and begins presenting consistent with a female gender identity, the supervisor terminates Graves for failing to conform to the bank's expectations for male employees. Graves files a charge alleging the termination was based on gender identity. The claim proceeds on the theory that the decision necessarily involved sex-based considerations.
Select any source to read its text and confirm it supports the definition.
Model Codes
Casebooks
Hornbooks
Course Outlines
Study Supplements
Bostock v. Clayton County, Georgia140 S. Ct. 1731, 1739 (2020)
Common questions
Frequently Asked
3
Does repeated use of incorrect pronouns after correction manifest bias based on gender identity?+
Yes. Judicial conduct rules prohibit judges from manifesting bias or prejudice by words or conduct on the basis of gender identity. Persistent misgendering after a party has requested different pronouns, combined with dismissive comments about pronouns or identities, constitutes conduct that signals disregard for the party's gender identity and violates the duty of impartiality.
Supporting sources
Can a judge's final ruling on neutral procedural grounds excuse earlier biased comments about gender identity?+
No. The duty to perform judicial duties without bias applies to language, demeanor, and control of proceedings, not merely the written order. Even when the final disposition rests on nondiscriminatory grounds, repeated misgendering and jokes about invented identities during the hearing demonstrate that bias influenced the conduct of the proceeding.
Supporting sources
Does Title VII prohibit an employer from firing a worker for being transgender?+
Yes. An employer who fires a transgender person for being transgender necessarily discriminates because of sex. The decision rests on the employer's expectations about how persons of one sex should identify or present, which the statute forbids.
Supporting sources
138 S. Ct. 2448 (2018)First Amendment Law
…collective bargaining on controversial subjects such as climate change,[^maj-4] the Confederacy,[^maj-5] sexual orientation and gender identity,[^maj-6] evolution,[^maj-7] and minority religions.[^maj-8] These are sensitive political topics, and they are undoubtedly matters of profound “‘value and concern to the public.’” Snyder…