Can a Christian employee be terminated for refusing to use the preferred pronouns of a transgender coworker?
That question is at the heart of a lawsuit coming out of Utah, where a retail manager was let go for repeatedly misgendering a work colleague. Now she's insisting that forced use of the person's preferred pronouns is a violation of her deeply held religious beliefs.
When it comes to the workplace, should preferred pronouns be mandatory?
Religion vs Respect?
Until recently, Jocelyn Boden was a store manager at Bath & Body Works in Layton, Utah. Boden is a devout member of The Church of Jesus Christ of Latter-day Saints – more commonly referred to as the LDS Church or Mormon Church – which teaches that “gender is an essential characteristic of individual premortal, mortal, and eternal identity and purpose.”
That statement, from the official LDS missive The Family: A Proclamation to the World, emphasizes that gender is not only part of our physical body, but our very eternal soul. According to that document, it is immutable and unchangeable.
Despite her willingness to refer to the new hire by their preferred name, Boden stated she simply could not “in good conscience refer to an associate by ‘preferred pronouns’ that were inconsistent with reality and my moral beliefs.”
Looking for a Solution
Boden has since filed a legal complaint, explaining that this conflict caused problems at her workplace. “Multiple team members chastised and alienated” her over her refusal to use the employee’s preferred pronouns, the complaint alleges. And after multiple reports to human resources from her coworkers, Boden was abruptly let go.
“She had to choose between her faith and her job,” claims Stephanie Taub, senior counsel for First Liberty Institute, who is representing Boden as she pursues legal action against Bath & Body Works.
The complaint argues that Bath & Body Works made no attempt to find a solution that worked for all parties, and went straight to firing Boden when a compromise surely could have been reached.
One proposed solution from her legal team? Just let Boden misgender her coworker.
“Bath & Body Works should have found a way to respect all of its employees and to figure out a way to live up to its ideals of inclusivity and tolerance,” Taub said. “A simple solution would have simply been to allow Jocelyn to use names instead of pronouns, or even allow her to use names consistent with her religious beliefs – or pronouns consistent with her religious beliefs.”
Here Comes the Lawsuit
With a legal team at her back, Boden is filing a charge of religious discrimination with the U.S. Equal Employment Opportunity Commission (EEOC), which will then decide whether to pursue the case.
For its part, Bath & Body Works says the company was simply following the law when it comes to anti-LGBTQ discrimination in the workplace. “Bath & Body Works complies with all laws concerning employment practices,” the retailer explained in a statement. “As an equal opportunity employer, we do not discriminate in our management of our associates on the basis of any protected status.”
What do you think – should religious employees be expected to follow pronoun policies at work, or not? Where do LGBTQ+ rights end and religious rights begin?
25 comments
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Mike
"As an equal opportunity employer, we do not discriminate in our management of our associates on the basis of any protected status. Except if you are a Mormon. Then we will discriminate against you."
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Minister Tim
What is this, anti trans time at ULC? Yet another issue of Christians vs Transgender folks. I am transgender for though who don’t know and let me tell you what folks either don’t consider or don’t give a hoot about. Intentionally misgendering a trans person can endanger their life. I worked as an ER nurse in middle GA when I began my transition. Not a great state to transition in when it comes to safety. I ended up leaving and moving west where no one knew me and I was only known as Tim. My colleagues in GA didn’t do it on purpose but you could tell be the change on a patient or family member’s face they caught the slip up and it wasn’t good. So what we’re faced here is what is more important? A Christian’s beliefs or someone’s life? Honestly, keep your religion out of our lives unless you’re ok with us dying. Think about that. And don’t come with your beliefs from your story book. I’m tired of Christians who can’t grasp that they can’t force their beliefs on everyone. I try hard to respect y’all but you’re making harder all the time and some days I have to work really hard not to mock your beliefs as you do mine. Hush, stop judging those who don’t share your beliefs and stop trying to get us killed.
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Keith D
A person unhinged enough to be dangerous to the transgendered person is probably unhinged enough to be a hazard to the person who uses the prescribed pronouns. ...specifically for using them. "Traitor!"
Stop saying that refusing your demands is 'trying to get you killed.' That's ludicrous rhetoric.
Everybody has to get over that the other person is entitled to live as they choose, short of doing genuine harm to others.
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Rev. Klaire ThD, MA
Keith D, you clearly don't understand where the danger comes from! Lol. Ignorance certainly is bliss, isn't it?
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Dylan Tuatha Le Danaan
Refusal to call a person by the name that they request is a simple case of disrespect. She should not be a manager with that sort of behavior.
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Robert Gagnon
Simple solution was to accept simple use of a name and pronouns avoided. Oh no, that's not good enough. Let's assume an employee insists that they are Napoleon. We all know that Napoleon died long ago but lets indulge this persons delusions. Then we fire the boss because they refused to use the pronouns Emperor and General. It becomes obvious that the employee is the problem, not the manager. Hiring the mentally challenged apparently isn't enough. They have to complain how unsafe they feel because not everyone caters to their delusion. And you wonder why trans have problems getting jobs, because they cause more problems than an individual is worth. Easier to hire someone that works as a team and not weighted down with idealistic baggage.
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Douglas Robert Spindler
Can someone please tell me what features or characteristics makes a person female or male?
Thank you.
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Robert J Giammarco
This is one ridiculous story. It doesn't surprise me that the ULCM would even public\sh this nonsense. Now one is FORCED to use someones PREFERRED pronoun(s), OR ELSE!. Since when? Why must I be forced to adhere to this absurd ritual that seems to force one to agree with these mentally ill folks. The crap that goes on today seems to favor the ridiculous, and the criminal, rather than a moral, just, society. PLESAE don't bother writing me back, I will NOT response to the morons who love this stuff on here. You have NO morals. I see a huge lawsuit coming in favor of Ms. Boden. Oh, maybe I should not use that salutation? What's next? So If I come in to the work place, and say that I am a women, everyone has to fall inline, or I claim I am a man, or I claim I am a dog, cat ,bird, ( I guess HQ would also need to put out a litter box, for me, as they do in many schools today because the kids, and parents, are just as mentally deraigned. EVERY ONE has to bow to these insane wishes? Good grief. HELL NO! GOD made only 2 sexes, MAN and a WOMEN, no more, no less.
Sadly, many people still live in their childhood phase, and have never grown up!
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Robert Edward Szekely
gender dysphoria is a real thing. Plus, LDS beliefs are ignoring intersex people who have genitalia of both sexes. You can have a soul which doesn’t match your physical sex apparently LDS people don’t get that either.
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Lionheart
Does anyone remember those wonderful days when few knew what a pronoun was and everyone was known as Mr, or Mrs?Then suddenly, Democrats created dozens of sexes and people started having a hissy fit if the wrong pronoun was used.
God would turn in his grave if he knew. 🤭
🦁❤️
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Lawrence A. Benson
So it's the "Democrats" who created "dozens" of sexes? I always wondered about that. Thanks for clearing that up. LOL Listen to yourself.
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Lionheart
You’re welcome. If you need any more insights please let me know.
Thank you for your response. 🤗
🦁❤️
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Colleen McAllister
Lionheart - Democrats did not create dozens of sexes, nor did pronouns suddenly appear. Mr. and Mrs. were not the only way to refer to people. And sexes and genders are not the same thing. Perhaps you should crawl back into your cave until you can tolerate society.
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Najah P Tamargo
Najah Tamargo-USA
If your religion conflicts with your work place policies, find a new job! Eleanor Roosevelt once said "....No one can make you feel inferior without your consent." Amen!
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Keith D
I think the Roosevelt quote applies better to those demanding rearrangement of language (pronouns) than to those asked to use the rearranged language.
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Rev. MichaelRS
She was simply observing objective reality.
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Douglas Robert Spindler
Rev. MichaelRS
She may have been observing objective reality but as we all know people can be fooled objective reality.
Rev. MichaelRS can you tell me when you look at someone how you can tell their sex? What characteristics make someone female or male?
As we know every person begins life as a female and develops from there.
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Reverend Paula Copp
Your religious rights end when they infringe on my human rights. People have the freedom to be who they are; your acceptance is not required!
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Rev. MichaelRS
It is not a human right to have objective reality ignored and to play into somebody's delusions.
Otherwise for people suffering from anorexia, who believe themselves to be substantially overweight, to ignore objective reality and respect THEIR view of themselves we would have to give them a prescription for diet pills and a membership in Weight Watchers?
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Rev. Klaire ThD, MA
MchaelRS, your understanding of 'objectve reality' is far off the mark and is actually a simpleton's view. I suggest it's likely presented out of your discomfort as a result of your failure to fully understand the topic. In reality, and aligned with the DSM 5, anorexia (nor any other described condition) is an analog for gender dysphoria. As I alluded to previously, your ignorance driven discomfort over any topic is NO excuse for writing publicly inaccurate and inappropriate comments.
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Keith D
Comment removed by user.
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Keith D
By that logic, Paula, I identify as Grand High Cherished Master of the Universe, and I order you to refer to me thus and donate accordingly. 🤣😇
Joking aside, I don't think anyone has any business rearranging the language FOR OTHER PEOPLE. I don't really think much of the religion rights complaint, either.
I used to live in Utah decades ago, and the mangling of the language drove me bananas. Am I somehow entitled to demand that people use their pronouns in the right case (nominative v objective case) and with correct subject-verb agreement ("Him and I was goin' t' th' stahr, ...")? No, I'd be immolated for that. Same for 'right' but other than 'the obvious' pronouns related to gender. 'Tyrannical, nitpicker.'
The law that the store cowers before is a criminal endeavor. Following illegal orders is an illegal act. Firing the employee was ludicrous and criminal.
I think it must be disturbing to hear the 'wrong' pronouns, especially when one is struggling to accept and feel comfortable and accepted with their being 'different.' I'm sensitive to that, whereas I'm quite different. So I am fine with requests, and speaking for me, I'll honor those requests. But I also years ago rejected the notion of God as having a problem with it if I do such a thing.
"Thou shalt not pander to pronoun rearrangement!" Bah!
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James Mounts
There is nothing respectful about enabling a mentally ill individual to continue his delusion.
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Douglas Robert Spindler
You must be referring to people who believe there is an imaginary God who is all powerful and mighty yet needs money every Sunday.
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Michael Hunt
Boden was the one being discriminatory against their employee by not using their preferred pronouns. She's free to believe that “gender is an essential characteristic of individual premortal, mortal, and eternal identity and purpose” but not everyone believes that and by refusing to use a person's preferred pronouns she's pushing her beliefs on the employee and creating a hostile work environment. Using someone's preferred pronouns does not change what you believe about them, it shows you are respecting the other person's beliefs.
Pronouns are an idiot's way to get attention. Don't fall in the trap of aiding mental midgets. HE or SHE. That's all there is.