Navy Issues New Guidance On LGBT Bathroom Use; Says “Misgendering” Creates “Unlawful Hostile Work Environment,” “Sex-Based Harassment”

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The Navy’s new protections for LGBT service members are due to a 2020 Supreme Court ruling that the 1964 Civil Rights Act protects gay, lesbian, and transgender people from discrimination based on sex. File photo: Glynnis Jones, Shutterstock.com, licensed.

WASHINGTON, D.C. – According to reports, the U.S. Navy has been issued new guidance on how to treat LGBT service members, allowing them to use the bathroom that matches their personal gender identity and even opening up potential avenues for legal prosecution in instances or repeated misgendering.

Updated Title VII protections state that misgendering a transgendered individual – meaning not referring to them as the gender they identify as – constitutes an “unlawful hostile work environment” and “sex-based harassment.” Repeated instances of misgendering could result in disciplinary – and possibly even legal – consequences, according to an email obtained by The Daily Wire.

“Intentionally and repeatedly using the wrong name and pronoun to refer to a transgender employee could contribute to an unlawful hostile work environment,” the email said. “Accidental misuse of a transgender employee’s preferred name and pronoun does not violate Title VII.”

The Navy’s new protections for LGBT service members are due to a 2020 Supreme Court ruling that the 1964 Civil Rights Act protects gay, lesbian, and transgender people from discrimination based on sex.



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The Daily Wire claims that the email was sent to them from a “whistleblower” who is troubled by these new policies, as they say they run contrary to their religious beliefs.

New “official” terms pertaining to LGBT service members were also introduced via the Navy email in question, including “intersex,” “sex-based harassment,” and “transition.”

The email also informed Naval commanders that service members who identify as transgendered may use any bathroom or locker room faculties that they feel correspond to their chosen gender, citing information from the U.S. Equal Employment Opportunity Commission (EEOC).  

“Employers may have separate facilities for men and women, but may also choose to have unisex or single-use facilities,” the email said. “However, the EEOC has taken the position that when these facilities are segregated by sex, all men and women, including transgender men and women ‘should be allowed to use’ the facility that corresponds to their gender identity.”

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