misgender

Misgendering occurs when someone uses the wrong pronouns or gendered terms that do not align with that individual’s gender identity. For example, referring to a man as “she” or “her.” Misgendering someone can be awkward and offensive for the recipient, and in some cases it may be unlawful if the misgendering is persistent and intentional.

Some states have created statutes that treat repeated misgendering, with the intent to embarrass or harass someone, as a form of workplace harassment and/or gender discrimination. For example, in California, employers must honor their employee’s preferred pronouns, name, and gender. See: 2 Cal. Code Reg. § 11034(e)(2), (h), (i)(4). There are currently no federal protections explicitly prohibiting misgendering; however, according to the federal circuit court in Copeland v. Georgia Department of Corrections, 97 F.4th 766 (11th Cir. 2024), intentional misgendering can be severe enough to trigger a Title VII claim for a hostile work environment. 

[Last reviewed in June of 2026 by the Wex Definitions Team]

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