Is misgendering a crime in California?

Yes, intentional and repeated misgendering can be illegal in California, particularly in employment, housing, and long-term care settings, as it's considered harassment and discrimination under laws like the Fair Employment and Housing Act (FEHA) and specific statutes protecting seniors. While a single slip-up isn't usually a crime, willfully and persistently using incorrect pronouns can lead to penalties, including fines and legal action, by violating state anti-discrimination laws enforced by the Civil Rights Department (CRD).

Is misgendering illegal in California?

Misgendering: When somebody purposefully misuses your chosen pronouns in a blatant attempt to undermine, belittle, or hurt you, that is considered a form of gender discrimination in California. Intent is everything.

What is the pronoun law in California?

California prohibits discrimination and harassment in the workplace based on actual or perceived sex, gender identity, gender expression, transgender or transitioning status, or sexual orientation. Employers must honor transgender workers' lived names and pronouns and allow them to use gender-appropriate restrooms.

Can you get in trouble for misgendering someone?

No federal or state law makes misgendering a crime. Even under hate crime statutes, misgendering alone does not meet the standard for criminal conduct. Some states have proposed ``pronoun laws,'' but none have created criminal penalties for misgendering. Accidental or respectful misgendering is not a crime anywhere.

Is it illegal to refuse to use pronouns?

As an employer, you cannot force an employee to use someone's new pronouns. However, you can expect them not to use the old pronouns. Some employers encourage their staff to share their pronouns.

Ep. 85: When Misgendering Becomes a Crime: California’s New Frontier

Do I legally have to call someone by their pronouns?

Is refusing to use someone's specified pronouns discrimination or harassment? Absent more, refusing to use a person's specified pronouns would not constitute punishable discrimination or harassment. Any rule punishing the mere refusal to do so would unconstitutionally compel speech.

Is misgendering unlawful?

Misgendering transgender people can amount to unlawful harassment and direct discrimination based on gender reassignment.

Can I sue for misgendering?

Laws around misgendering differ from state to state. California, for instance, has laws that can fine businesses for willfully misgendering employees. New York has protections against gender identity discrimination which includes misgendering.

What is the point of ze zir pronouns?

The ze/hir, ze/zir pronoun sets come from the trans community as another gender-neutral pronoun set. It's up to each individual to decide which pronoun best fits them and their identities.

What is the regret rate for transitioning people?

Among those who underwent gonadectomy, rates of regret, as ascertain from retrospective review of documentation in medical charts, were only 0.3% for transgender men and 0.6% for transgender women, with an average time to regret of approximately 11 years.

What is the 7 minute rule in California?

The "California 7-Minute Rule" refers to a payroll rounding practice, permitted under federal law (FLSA) but increasingly challenged in CA courts, where an employer can round clock-in/out times to the nearest 15-minute (quarter-hour) mark, as long as the policy is neutral and doesn't systematically underpay workers. It allows rounding punches within 7 minutes and 59 seconds (e.g., 8:00-8:07 rounds to 8:00, 8:08-8:22 rounds to 8:15). While once common, recent California rulings, like Donohue, question its legality, especially for meal breaks, with a pending Supreme Court case (Camp v. Home Depot) potentially ending permissible rounding for work time too.
 

Can I refuse to say my pronouns?

Yes, you can refuse to use someone's preferred pronouns, but this refusal can have social, professional, and legal consequences, as it may be seen as discriminatory harassment, potentially violating workplace policies or anti-discrimination laws, though the legal landscape is complex and varies by location and context. While you have free speech rights, intentionally misgendering someone (using the wrong pronouns) can create a hostile environment, especially in public institutions or workplaces where policies promote inclusivity. Alternatives include using the person's name, avoiding pronouns, or politely stating you prefer not to use them. 

Did Bill 665 pass in California?

Yes, California Assembly Bill 665 (AB 665) passed into law in October 2023, making it easier for minors aged 12 and older to consent to outpatient mental health services and aligning Medi-Cal coverage with private insurance standards, removing barriers for low-income youth. The bill, authored by Assemblymember Wendy Carrillo, was signed by Governor Gavin Newsom and took effect in 2024, ensuring that Medi-Cal recipients have similar access to care as those with private insurance.
 

Can I be fired for misgendering?

Possibly. In most states/situations, you can get terminated for any non-protected reason. Having an inability to gender someone correctly is not protected. However, without knowing the “culture” of your company, it's hard to say whether or not it is likely.

What is the 72 hour rule in California?

California's 72-hour rule primarily refers to the deadline for employers to pay final wages to employees who quit without giving at least 72 hours' notice, requiring payment within 72 hours of the last day worked, or immediately if proper notice is given, with potential penalties for late payment. This rule ensures swift payment of final wages, including accrued vacation, and applies continuously, including weekends and holidays.
 

What is the California law on pronouns?

Just weeks later, the California Legislature passed AB1955, legislation that prohibits schools from telling parents if their child prefers to use a different name and pronoun from those assigned at birth, without first gaining the consent of that child.

What are the seven gender pronouns?

Common pronouns include she/her/hers, he/him/his, and they/them/theirs. There are other nonbinary pronouns. It is important to ask people what their pronouns are. If you have questions, politely ask the person if they feel comfortable giving examples of how to use those pronouns.

Is ze she or they?

Ze is pronounced like "zee" can also be spelled zie or xe, and replaces she/he/they. Hir is pronounced like "here" and replaces her/hers/him/his/they/theirs. ➢ Just my name please! (Chris ate Chris's food because Chris was hungry) Some people do not to use pronouns at all, using their name as a pronoun instead.

How many people identify as Ze Zir?

While 4% of LGBTQ youth reported the use of pronouns such as “ze/zir,” “xe/xim,” and “fae/faer,” or combinations of these terms with other pronouns, 96% of LBGTQ youth in our sample used pronouns that are familiar to most people by using either a combination of he/him, she/her, or they/them or one of these pronoun sets ...

What to do if someone keeps misgendering you?

If someone repeatedly makes the same (or similar) mistakes, you may need to respond more firmly: "Please don't misgender Charlie." "Charlie is a woman, and you should always use she/her pronouns when you refer to her." It is helpful to encourage them to engage with self-education resources and training as well.

Is it harassment to misgender someone?

Some examples of improper harassment include: 1) epithets regarding sexual orientation or gender identity; 2) physical assault; 3) harassment because someone does not present themselves in a stereotypical manner; or 4) misgendering by intentionally and repeatedly using a name or pronoun inconsistent with the ...

Is using a false identity a crime?

California Penal Code 529 describes “false Impersonation” which makes it illegal to impersonate someone, by using their name, in an effort to unlawfully gain a benefit or cause harm to that person.

Can I refuse to give my pronouns?

Yes, you can refuse to use someone's preferred pronouns, but this refusal can have social, professional, and legal consequences, as it may be seen as discriminatory harassment, potentially violating workplace policies or anti-discrimination laws, though the legal landscape is complex and varies by location and context. While you have free speech rights, intentionally misgendering someone (using the wrong pronouns) can create a hostile environment, especially in public institutions or workplaces where policies promote inclusivity. Alternatives include using the person's name, avoiding pronouns, or politely stating you prefer not to use them. 

Is it disrespectful to misgender someone?

Misgendering someone is disrespectful and dismissive. One way to misgender is to assume you know someone's gender via their appearance and to call them a name or pronoun that they don't identify with. Misgendering can also occur when you teach as if your entire class is male.