WASHINGTON, DC – A new policy at the Department of Health and Human Services (HHS) could lead to the termination of employees who intentionally and repeatedly misuse co-workers’ preferred pronouns.
According to Roger Severino, former director of the HHS Office for Civil Rights, the policy was distributed to staff on October 11. The policy, known as the “Gender Identity Non-Discrimination and Inclusion Policy for Employees and Applicants,” aims to create a more inclusive environment for gender-diverse employees and outlines procedures to safeguard gender expression.
The policy states that all employees should be referred to by the names and pronouns they use to describe themselves. Intentional and repeated use of incorrect names or pronouns could lead to the creation of an “unlawful hostile work environment,” although the policy does not specify the consequences of such actions.
Severino raised concerns about the policy on Twitter, noting it did not address First Amendment rights against compelled speech, Religious Freedom Restoration Act, or religious accommodation.
In addition to the pronoun policy, the department has introduced new regulations concerning restroom use. Employees are now allowed to use the restroom that aligns with their gender identity. If an employee is uncomfortable sharing a restroom with a transgender or nonbinary individual, that employee must use an alternative facility.
The policy also allows HHS employees to use sick leave or other available leave for gender transition procedures for themselves or family members. To utilize this option, employees must follow the Department’s and Division’s procedures for requesting leave under the Family and Medical Leave Act (FMLA).