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.