đŠđș Aussie worker sacked for using the wrong pronoun for nonbinary colleague
Lets chat about why this case is important!
As a nonbinary person, my pronouns havenât always been accepted and respected in the work place. Iâve faced a lot go misgendering, to the point Iâve had to raise it to HR before or even leave the workplace. Have any of these organisations or individuals faced action because of discriminating against me? Nope!
At my latest role, I have been nothing but respected and accepted for my nonbinaryness, and for the first time, was introduced as âthey/themâ to every single individual I met. So seeing this case is of course upsetting on the behalf of the nonbinary staff worker, but I am glad to see action being taken.
But this isnât the case for all individuals in the workplace.
The legal dispute began when the nonbinary employee told their older male colleague they wanted to be referred to as 'they', and the pronoun would be written on their name badge. This colleague ignored the nonbinary employees wishes and called them âheâ even when corrected by other staff members.
When asked to apologise to the nonbinary staff member, and use their correct pronouns, the Perth man said he didnât need to use âtheyâ for his colleague, and that no one could make him. This is a comment I have personally faced - âI donât accept itâ, âyou canât make me use itâ, and so on.
The 63-year-old later told a Fair Work hearing that if one person had the right to use a particular pronoun, then another person had the right not to.
And as Nonbinary identities arenât legally recognised, or accepted in many countries across the globe, sometimes these comments go without consequence.
Lawyers have said there did not appear to be a legal right for someone to be called âtheyâ or âthemâ within the workplace, and it was up to individual companies to dictate pronoun convention - ugh. This of course is set in Australia, but it does highlight how organisations and law look at nonbinary individuals and the discrimination that we face.
Of course certain groups on social media have jumped to the Aussie employees defence, quoting âfreedom of expressionâ and âspeechâ - a classic coverup for attacking individuals under the guise of democracy and patriotism.
Of course accidental misgendering happens, and when itâs not targeted or with hate, and the individual apologises afterwards and corrects themselves, no further action is needed.
But if someone is consistently misgendering you, and dismisses corrections, this is when steps need to be taken. And if its by an employee or colleague, taking the correct steps to challenge this behaviour is vital.
So what good does this do for nonbinary rights?
The case went to the Fair Work Commission and the man was told he risked being subjected to social backlash if the matter was heard in open court.
He subsequently reached a confidential settlement with his former employer.
This shows that it is worth standing up against nonbinaryphobia. It is discrimination, whether your organisation has a policy or not - in this case, the organisation didnât. And if your organisation doesnât have a policy, ask why? Implement one to support nonbinary and trans+ employees in the workplace.
đ§ And if youâd like support on writing a pronoun policy or convention, pop me a DM or email @ s3xtheorywithdemi@gmail.com â„ïž
Want more insight into pronouns and the nonbinary experience? Grab a copy of my book Beyond Bananas and Condoms today to support an enby author! đ