Misgendering and Pronoun Misuse at Work: Gender Discrimination Cases in NJ

For many trans, non-binary, and gender-nonconforming workers, the hardest part of the job is not the work itself. It is being called by the wrong name over and over. It is being referred to as “he” when you have clearly said you are “she,” or being told that “they/them” is not a “real” pronoun. It is hearing coworkers correct each other’s pronouns for a pet but not for you.

Sometimes this shows up as casual comments. Sometimes it is open defiance: a supervisor insisting, “I’m going to call you what you are, not what you say you are.”

This article looks at how state and federal legal frameworks overlap to protect worker’s identity and expression, when misgendering at work can cross the line into unlawful conduct, and when it’s time to consult a gender discrimination lawyer in New Jersey if you are dealing with systematic bias on the job.

How New Jersey Law Protects Gender Identity And Pronouns From Discrimination At Work

New Jersey’s core statute, the New Jersey Law Against Discrimination (NJLAD), has prohibited bias for years — a protection that remains critically important given how common these issues still are. In 2023 alone, sex discrimination made up roughly 35% of all complaints filed with the EEOC nationwide, underscoring how frequently gender-based bias continues to surface in workplaces.

In 2006, the Legislature strengthened those protections by amending the law to expressly include identity or expression of it as a protected characteristic. That amendment, along with guidance issued by the Division on Civil Rights, leaves little ambiguity about how the law applies in the workplace.

Under the NJLAD, employers in New Jersey may not treat employees or applicants differently in hiring, firing, pay, promotions, or the everyday terms and conditions of employment. 

The law protects trans, non-binary, and gender-nonconforming workers, as well as employees who are perceived to have a particular identity or expression, even if that perception is inaccurate.

Importantly, gender bias can surface in more subtle ways, including glass-ceiling promotion barriers, where qualified employees are consistently passed over and overlooked. When patterns show that certain workers are effectively blocked from moving forward despite strong performance, the law may be implicated as clearly as in more obvious cases.

The protections extend beyond formal employment decisions. Persistent misgendering, mocking someone’s pronouns, or making derogatory comments can qualify as unlawful misconduct, when it’s severe or pervasive enough to alter the conditions of work and create a hostile environment — including for unpaid interns who are often especially vulnerable to gender bias because of their lack of formal power, pay, or job security. 

When this kind of conduct is ignored or minimized, speaking with a gender discrimination attorney in New Jersey can help clarify when the behavior crosses a legal line, regardless of your status: an employee, a trainee, or a contractor.

The law also recognizes that bias does not always stay neatly within the workplace. Adverse actions tied to off-duty conduct, such as disciplining or firing an employee for lawful, off-the-clock expression of their identity, may still violate the NJLAD.

The New Jersey Attorney General’s office has published specific “Know Your Rights” materials for trans and non-binary people. Those materials emphasize that, under the LAD, you have the right to:

• Be treated according to your gender identity.
• Be addressed by your name, title and pronouns, without having to show “proof” of it.
• Be free from harassment, and to expect your employer to act to stop it if they know or should know about it. 

Separately, DCR’s fact sheet on protections for LGBTQI workers gives a direct workplace example: a transgender man cannot be told to wear a skirt, and a supervisor cannot repeatedly call him “her” or “Ms.” Those behaviors are flagged as unlawful harassment under the LAD. 

In other words, New Jersey does not treat pronouns and names as optional courtesies. In many contexts, they are treated as part of the basic respect the law requires employers to show to employees.

Misgendering, Pronouns, And Gender Identity Discrimination In New Jersey’s Workplaces

Misgendering at work rarely appears in a vacuum. It often arrives along with jokes, side comments, or quiet resistance to any change in how a person is perceived.

For some workers, the experience may begin when they come out or transition. They could meet with HR, update their records, and send a thoughtful email explaining the name and pronouns they use now.

Those colleagues who don’t adjust might loudly use the old name in meetings, roll their eyes at the mention of “they/them,” or mock the idea of pronouns at all. A supervisor might introduce them as “our formerly known as…” or place quotation marks around their name in written communications.

Others may deal with misconduct that is framed as a moral or political stance. A manager might say, “My beliefs don’t allow me to use those pronouns,” and then continue to refer to a woman as “he” or “him” even after being corrected. Coworkers might talk about “biological women” or “real men” in ways that erase a colleague’s identity.

New Jersey’s LGBTQI employment fact sheet offers a concise snapshot of the kinds of behaviors that can qualify as unlawful harassment, including:

• Repeated teasing or misgendering
• Derogatory slurs or offensive jokes about a person’s gender identity
• Enforcing dress codes based on birth-assigned sex instead of a worker’s preferred expression of it

It is important to recognize the difference between occasional mistakes and patterned, intentional misgendering. Most people slip once in a while, especially early in someone’s transition. The law does not expect perfection or punish honest error that is promptly corrected.

The problem arises when the behavior continues after clear requests, turns into a running joke, or is reinforced by supervisors who may justify the offence as “simply teasing”. 

For example, a cisgender man who is a primary caregiver or who takes parental leave may be repeatedly referred to as a “mother” or jokingly treated as a woman, even after asking for the behavior to stop. When those comments are used to undermine someone’s role or professional standing, they stop being humour and start signaling a pattern of bias over caregiving responsibilities, reinforcing outdated gender stereotypes.

Bias can also show up in training feedback, where performance critiques are filtered through gender stereotypes — comments that a worker is “too aggressive,” “not assertive enough,” “too emotional,” or “not a cultural fit,” when those judgments are really about discomfort with how the person’s expression does not align with masculine or feminine expectations.

In those situations, the question under New Jersey law is not “Did anyone ever slip?” but rather “Has this conduct become severe or pervasive enough that it is changing the conditions of this person’s employment?” 

When Pronoun Misuse Becomes Harassment Under NJ Anti-Discrimination Law

Under the NJLAD, harassment in the workplace becomes unlawful when it is directed at someone because of a protected characteristic and is severe or pervasive enough to create a work environment that a reasonable person would find hostile, intimidating or abusive.

New Jersey looks at the whole picture, including:

• How often the misgendering or derogatory comments happen.
• How public the conduct is, and if it happens in front of coworkers, customers, or clients.
• When the conduct is intentional or continues after the employee has clearly stated their preference.
• If the employer or supervisors take complaints seriously and try to fix the problem, or dismiss it.

The state’s own materials underscore that employers must act to stop harassment based on gender identity or expression if they know or should know about it.

Federal enforcement agencies are moving in the same direction. In 2024, the U.S. Equal Employment Opportunity Commission issued updated guidance under Title VII. It explained that harassment based on gender can include intentional and repeated use of a name or pronoun inconsistent with a worker’s known identity, as well as denying access to bathrooms consistent with it.

The underlying principle is grounded in Bostock v. Clayton County, the 2020 Supreme Court case holding that discrimination against gay and trans workers is discrimination “because of sex” under Title VII.

New Jersey goes even further. Because the LAD explicitly names gender identity and expression as protected categories, state agencies and courts do not have to stretch the meaning of “sex” to cover these claims. They can treat misgendering and pronoun misuse as direct violations of state law when those behaviors create or contribute to a hostile work environment. 

Pronouns Discrimination In NJ Workplace Policies

Many misgendering disputes sit at the intersection of social behavior and workplace policy. Some employers do the right thing — they update email addresses, ID badges, directories and HR systems when an employee shares their name and pronouns, and they reinforce those changes in practice.

Others resist or delay. Workers report HR departments insisting on “legal proof” before updating a first name in everyday systems, even when the legal name change process takes months. 

New Jersey states that people have the right to self-identify, dress in accordance with their identity, and be addressed by their name without being required to show proof.

That does not mean an employer can never ask for documentation for payroll or tax purposes. But it does mean that the day-to-day ways people are addressed at work should respect their workers, not blindly follow what appears on a birth certificate.

Everyday Steps New Jersey Workers Can Take When Misgendering Happens

Knowing that misgendering can violate the law does not make it easy to handle in real time. Many workers hesitate to speak up because they fear being labeled “difficult” or damaging their careers. New Jersey law does not require any one response, and there is no single right way to proceed.

You could begin by setting clear expectations: for example, notifying a supervisor and HR of their name and pronouns and asking that they be used consistently. When harassment becomes repeated, keeping brief notes about dates, what was said, and who was present can help show that the issue is ongoing rather than accidental.

If you feel safe doing so, internal reporting channels such as HR or a trusted manager can be an option. Importantly, the law also protects employees from retaliation for raising good-faith concerns.

You do not have to navigate this alone. When you are unsure how serious the situation is or what steps make sense for you, speaking with a legal expert can help clarify your options, and decide if your goal is to improve conditions at work or to explore formal remedies.

Сontact us for a free consultation. We’re here to listen and help you understand your rights.