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Gender/Gender Identity at Work

Oregon law protects you from discrimination based on your sex and sexual orientation, including gender identity.

It’s illegal for your employer, public businesses, places of housing, or other “public accommodations” to treat you differently because of your sex, sexual orientation, or gender.

If you believe you have experienced discrimination on account of your gender, sex, or sexual orientation, you may file a complaint with the BOLI Civil Rights Division.

You are protected both at work and outside of work.

  • Sex refers to anatomical, physiological, genetic, or physical differences that classify people as male, female and intersex. These include sex characteristics like genitalia, reproductive organs, hormones, chromosomes, and genes. Some courts have taken a more expansive view of the term to include sexual orientation and gender identity in the context of discrimination on the basis of sex, although biological sex is distinct from gender identity.
  • Sexual orientation refers to a person’s physical or emotional attraction to people of the same and/or other genders. Common sexual orientations include heterosexual (straight), gay, lesbian, bisexual, pansexual, or asexual. Sexual orientation is about who you love and is not related to gender identity.
  • Gender identity or simply gender is a person’s deeply-felt sense of self. Common gender identities include man, woman, non-binary, third gender or two-spirit. Gender identity is about who you are and may or may not correspond to biological sex.
  • Gender expression involves a person’s characteristics and behaviors, such as appearance, dress, mannerisms, speech patterns and social interactions, often perceived as masculine, feminine, or androgynous.
  • A person who is transgender, or trans, is a person whose gender identity is different from their sex assigned at birth. Transgender people may identify as a man or a woman or as non-binary, a term that describes an individual whose gender identity (sense of self) is neither male or female.
  • A person who is cisgender is a person whose gender identity corresponds with the sex they were assigned at birth. ("Trans-" means across from and "Cis-" means on the same side as.) People who are not transgender are cisgender.
  • Transition is used to refer to the social, legal, or physical process someone may go through to affirm their gender identity. It may involve “coming out” to one’s family, friends and co-workers, changing one’s gender expression, or changing one’s name and/or gender marker on legal documents. It may also involve accessing gender-affirming healthcare, such as hormone therapy or surgery. There is no one way to transition and the validity of someone’s gender identity does not depend on any single aspect of transitioning.
  • Gender roles are societal expectations about how people of a certain gender are supposed to look, behave, or work, based on traditional ideas. For example, women have often been expected to dress femininely and hold roles such as secretaries or nurses, while men have been expected to dress masculinely and work in jobs like manual labor or the military. These roles are stereotypes and do not reflect the full diversity of people’s identities or abilities.

Frequently asked questions

For workers

What should I do if I feel that I have been discriminated against because of my gender?
You can file a complaint with BOLI.
I am transgender. Can my employer ask me to use the gender-neutral restroom in our building?
No, they may not. Anti-discrimination laws allow you to use the restroom that corresponds with your gender identity.
I am planning to transition / considering transitioning. What are my rights at work?

You have a right to openly discuss your gender identity and expression in the workplace or to keep it private.

Your employer should be willing to meet with you to discuss working together on a transition plan, if you desire the involvement of management in the process. They should ask for your approval before making any disclosures or announcements to other employees.

Your rights at work stay the same regardless of your gender identity. Your employer cannot treat you differently or unfairly because of your gender identity. If you feel that you have been discriminated against, you can file a complaint.

My employer or coworkers are refusing to use my name or pronouns. What are my rights at work?

Refusing to use a transgender person’s correct name or pronouns, especially after being informed, may be considered discrimination or harassment under Oregon law. For example, if a supervisor or coworker repeatedly uses your former name or incorrect pronouns, that behavior may indicate discriminatory intent and contribute to a hostile work environment.

The Oregon Bureau of Labor and Industries (BOLI) has found that this type of conduct can violate state anti-discrimination laws. In the Sunstone Organics case, BOLI determined that an employer’s ongoing refusal to use a transgender employee’s name and pronouns was unlawful discrimination. This decision underscores that misgendering in the workplace is not only disrespectful, it can also carry legal consequences.

If this is happening to you:

  • You can document the behavior (note the dates, what was said or done, and who was involved).
  • You can report the conduct to the person designated to handle discrimination or harassment complaints at your workplace.
  • You have the right to file a complaint with BOLI’s Civil Rights Division.
  • Your employer is responsible for preventing and addressing discrimination and harassment, including from coworkers, managers, and third parties.

Everyone deserves to be treated with dignity and respect at work. Using the name and pronouns someone asks you to use isn’t just polite—it’s required under the law.

It is challenging for me to know which pronouns to use. How do I know? I know a trans person who uses plural pronouns like they and them, but that seems grammatically incorrect to me.
It can take some time and practice to get used to using new pronouns correctly, but it’s important to try and get it right. Using someone’s correct pronouns and chosen name is a basic sign of respect.
Refusing to use a transgender person’s correct name or pronouns may be discrimination or harassment under the law. For example, supervisors or co-workers who persistently use incorrect pronouns or their former name despite being informed otherwise may demonstrate discriminatory intent or create a hostile work environment.
BOLI has found that an employer’s repeated refusal to use a transgender employee’s chosen name and pronouns was unlawful discrimination. This shows that such behavior is taken seriously and can have legal consequences.
The best way to know which pronouns to use is simply to ask the person politely. It is generally appropriate to ask about pronouns in most situations. If you’re unsure, it’s usually best to use neutral pronouns like “they” or “them,” or to use the person’s name instead of guessing.
Many people now share their pronouns when they introduce themselves or include them (such as “he/him,” “she/her,” or “they/them”) in email signatures. This helps everyone know how to refer to them correctly.
What does LGBTQ or LGBTQIA2S mean?
These letters (with some variation) stand for: lesbian, gay, bisexual, transgender, queer (or questioning), intersex, asexual, and two-spirit. The acronym continues to evolve as language adapts to better reflect people’s lived experiences. Here's what some of those terms mean:
Lesbian refers to a woman who is emotionally, romantically, or sexually attracted to other women.
Gay most commonly refers to a man who is emotionally, romantically, or sexually attracted to other men, but it is also used broadly to describe same-gender attraction.
Bisexual describes someone who is emotionally, romantically, or sexually attracted to more than one gender.
Transgender (or trans) refers to a person whose gender identity is different from the sex they were assigned at birth. (Note: the term is transgender, not “transgendered,” since this is who someone is, not something that has happened to them.)
Queer is a reclaimed term used by many people who do not conform to traditional norms around gender and sexuality. Some people use it as an umbrella term because it can feel more inclusive or better reflect their identity. Others may still find the term offensive due to its historical use as a slur, so it should only be used when someone self-identifies that way.
Questioning refers to someone who is exploring or unsure of their sexual orientation or gender identity.
Intersex is a term that describes a person born with sex characteristics that do not fit typical binary notions of male or female bodies. These may include variations in genitalia, reproductive organs, hormones, chromosomes, and genes. An intersex individual can be of any gender identity (transgender or cisgender) or sexual orientation.
Asexual refers to someone who experiences little or no sexual attraction. Some asexual people may experience romantic attraction and desire romantic relationships with others. Asexuality is distinct from a chosen behavior like celibacy or sexual abstinence.
Two-spirit is a pan-Indian term used by Native and Indigenous North Americans to indicate that they embody both a masculine and a feminine spirit, or to describe people in their communities who fulfill a traditional third-gender.
Third gender is a category of people who do not identify as male or female, but rather as neither, both, or a combination of male and female genders.
This acronym keeps growing and changing because the variations in human sexuality and gender identity are infinite, and our language is continually adapting to be able to accurately describe people’s experiences. The reality is that many of us do not fit neatly and comfortably into one of two binary sexes or the gender identities and gender roles that our culture has historically dictated.
I have a co-worker who identifies as queer. I am a little unsure about the term “queer” because it has been used in a derogatory way and I don’t want to offend anyone. Any suggestions?
Kudos for not wanting to offend a co-worker. For some people, term “queer” could still be offensive, depending on their past experiences or what is in the mind and heart of the person using it. However, the term has been reclaimed by many people in the LGBTQIA2S+ community who do not conform to traditional notions of gender and sexuality. Using the term “queer” in the workplace for someone who has requested to be referred to as queer should be fine, and it may even be your best option for promoting a respectful and inclusive workplace.
I am cisgender and heterosexual. Do the laws that protect LGBTQIA2S folks from discrimination protect me, too?
Yes. We all have a gender identity and sexual orientation. The law protects everyone from being treated differently or harassed because of their gender identity or sexual orientation regardless of how they identify.

For employers

This guidance is intended to help employers understand Oregon’s legal protections based on gender identity in employment.

Thoughtful consideration of gender issues is rooted in providing safe, inclusive work environments and public spaces where all people are treated equally and fairly, regardless of gender identity, sexual orientation, or sex.

This discussion of gender issues is aided by looking at some of the terms used in understanding gender concepts. Please see above for definitions.

What does LGBTQ or LGBTQIA2S mean?

These letters (with some variation) stand for: lesbian, gay, bisexual, transgender, queer (or questioning), intersex, asexual, and two-spirit. The acronym continues to evolve as language adapts to better reflect people’s lived experiences. Here's what some of those terms mean:

Lesbian refers to a woman who is emotionally, romantically, or sexually attracted to other women.

Gay most commonly refers to a man who is emotionally, romantically, or sexually attracted to other men, but it is also used broadly to describe same-gender attraction.

Bisexual describes someone who is emotionally, romantically, or sexually attracted to more than one gender.

Transgender (or trans) refers to a person whose gender identity is different from the sex they were assigned at birth. (Note: the term is transgender, not “transgendered,” since this is who someone is, not something that has happened to them.)

Queer is a reclaimed term used by many people who do not conform to traditional norms around gender and sexuality. Some people use it as an umbrella term because it can feel more inclusive or better reflect their identity. Others may still find the term offensive due to its historical use as a slur, so it should only be used when someone self-identifies that way.

Questioning refers to someone who is exploring or unsure of their sexual orientation or gender identity.

Intersex is a term that describes a person born with sex characteristics that do not fit typical binary notions of male or female bodies. These may include variations in genitalia, reproductive organs, hormones, chromosomes, and genes. An intersex individual can be of any gender identity (transgender or cisgender) or sexual orientation.

Asexual refers to someone who experiences little or no sexual attraction. Some asexual people may experience romantic attraction and desire romantic relationships with others. Asexuality is distinct from a chosen behavior like celibacy or sexual abstinence.

Two-spirit is a pan-Indian term used by Native and Indigenous North Americans to indicate that they embody both a masculine and a feminine spirit, or to describe people in their communities who fulfill a traditional third-gender.

Third gender is a category of people who do not identify as male or female, but rather as neither, both, or a combination of male and female genders.

This acronym keeps growing and changing because the variations in human sexuality and gender identity are infinite, and our language is continually adapting to be able to accurately describe people’s experiences. The reality is that many of us do not fit neatly and comfortably into one of two binary sexes or the gender identities and gender roles that our culture has historically dictated.

You include the term “queer” in the acronym. Isn’t that a derogatory term for a gay person?

It was. You are correct that “queer” was once widely used as a slur, and for some people it may still carry hurtful or offensive connotations. How it’s received often depends on who is using it and in what context. Many people within the LGBTQIA2S+ community have reclaimed “queer” as an empowering and inclusive identity.

Banning the use of the term “queer” in the workplace could be viewed as hostile to those an employer seeks to protect. A better approach is to support its use by those who choose it for themselves, while also addressing and correcting any use of the term that is clearly derogatory or intended to insult.

I am cisgender and heterosexual. Do the laws that protect LGBTQIA2S folks from discrimination protect me, too?

Yes. We all have a gender identity and sexual orientation. The law protects everyone from being treated differently or harassed regardless of how they identify.

The issue that seems to cause the most concern in our workplace is which restrooms people use. May I ask my transgender employees to use the gender neutral restroom we have installed?

No, you may not. Anti-discrimination laws allow people to use the restroom that aligns with their gender identity. While some employees may not understand or agree with another person’s gender identity, denying access to appropriate restrooms is not only unlawful, but it is also unfair and impractical.

If you have the ability to offer a gender-neutral restroom in your workplace, these often feel safest for transgender folks; however, they cannot be compelled to use the restroom. Individuals must be allowed to use the facilities where they feel most comfortable and affirmed.

Ultimately, people use the restroom for personal needs, not to make a statement. And we typically can’t—and shouldn’t try to—determine someone’s gender identity based on appearance. Respecting each person’s right to choose the appropriate restroom supports a safer, healthier work environment for everyone.

It is challenging for me to know which pronouns to use. How do I know? I know a trans person who uses plural pronouns, but that seems grammatically incorrect to me.

It may be a challenge and take some time to get into the habit of using a new set of pronouns correctly. But it is important to try and get it right. Using someone’s correct name and pronouns is a sign of respect.

Using pronouns incorrectly or refusing to use a trans person’s new name may even be evidence of discrimination or harassment. For example, supervisors who persistently use incorrect pronouns or a former name after being informed may demonstrate discriminatory intent, especially if it influences employment decisions. Repeated and deliberate misuse can also contribute to a hostile work environment.

In In the Matter of Sunstone Organics, LLC, BOLI found that an employer’s repeated refusal to use a transgender employee’s chosen name and pronouns was unlawful discrimination. The case shows that this kind of behavior is taken seriously and can result in legal consequences.

The best way to know which pronouns to use is to ask politely. It’s generally appropriate to ask in most workplace settings. The best way to know which pronouns to use is simply to ask the person politely. It is generally appropriate to ask about pronouns in most situations. If you’re unsure, it’s usually best to use neutral pronouns like “they” or “them,” or to use the person’s name instead of guessing.

Many people now share their pronouns when introducing themselves or include them (such as “he/him,” “she/her,” or “they/them”) in email signatures. This helps create a more respectful and inclusive environment for everyone.

A respectful and inclusive workplace begins with using people’s desired names and pronouns—this not only supports employee well-being but also aligns with legal requirements.

Rumor has it one of our employees is poised to transition. That’s obviously a very personal decision, what’s my role as an employer?
Employees have a right to openly discuss their gender identity and expression or to keep these things private. As an employer, your role is to support a respectful, inclusive environment and respond appropriately if an employee chooses to involve you in their transition process.

If the employee wants management’s involvement, be open to working together on a transition plan. Always secure the employees consent or approval by the transitioning employee before making any disclosures or announcements to other employees. If announcements are made, it may be wise to point out the requirement to continue treating the transitioning employee with dignity and respect. Including using their pronouns or name.

Reference to an anti-harassment or respectful workplace policy during this time underscores that the transitioning employee is entitled to the same protections as everyone else.

Employers should also consider a handbook provision to inform employees that transition assistance is available, including updates to employee directories and new ID badges or name placards.

Avoid questions about medical issues and genitalia as these are private and usually inappropriate (and unlawful). If the transitioning employee welcomes it, an expression of support from leadership can be quite powerful and set the tone for how other employees react to the change.





Disclaimer: This website is not intended as legal advice. Any responses to specific questions are based on the facts as we understand them and the law that was current when the responses were written. They are not intended to apply to any other situations. This communication is not an agency order. If you need legal advice, please consult an attorney.​