INDIANAPOLIS -- Indiana Attorney General Todd Rokita released a formal opinion on Wednesday regarding the law surrounding the use of preferred pronouns in the workplace.
In the opinion, Rokita said that state law and federal law does not require a coworker to "use the preferred pronouns and name of a fellow employee" stating that occasional misuse, "even if intentional," is not actionable under Title VII of the Civil Rights Act of 1964.
That portion of the Civil Rights Act makes it unlawful for an employer to discriminate against someone because of:
- Race
- Color
- Religion
- Sex (including pregnancy, childbirth and related conditions, sexual orientation and gender identity)
- National Origin
Rokita said in the opinion that an employer is "likely not liable for such conduct if a reasonable person would not find the work environment to be objectively hostile."
"No federal court has found occasional misuse of pronouns alone, even if intentional, to be actionable discrimination or create a hostile work environment under Title VII," the opinion reads. "However, repeated, continuous, intentional misuse could create such an environment under the right circumstances, and each case is looked at on an individual basis.
"Therefore, although not a violation of Title VII's prohibition on sex discrimination, one should be mindful of whether such conduct could create a hostile working environment which would also give rise to an action under Title VII," the opinion continued.
This formal opinion stemmed from two questions that Indiana State Rep. Mike Speedy, R-District 90 posed to Rokita's office, including:
- Does state or federal law require a co-worker to refer to a gender nonconforming coworker by their preferred pronouns and new name?
- Is an employer liable to an employee if a co-worker or customer/client of the employer refuses to refer to the employee by their preferred pronouns and new name?
Speedy is running as a Republican for the open sixth district seat in the U.S. House of Representatives.
During a virtual news conference, Rokita thanked Speedy for the request for the opinion.
"Most Hoosiers agree that we all should extend love and compassion toward individuals dealing with gender dysphoria," Rokita said. "After all, it is a problem and it should be treated. But it doesn't need to be affirmed, nor should it. Treating these individuals with respect however, does not require us by law to deny basic truths, like the fact that there are only two sexes and that an individual is one of them."
Since 2000, the office of the Indiana Attorney General has released nearly 140 official opinions, including opinions surrounding:
- Mask mandate in 2020
- Black Lives Matter as a political organization in 2021
- Off-label prescription of medications for treatment and prevention of COVID-19 in 2022
In a statement from the Indiana Democratic Party, officials questioned the timing of the announcement, stating that it "raises questions about the Attorney General's use of taxpayer resources for political purposes."
“Todd Rokita has been one of the loudest Republicans when it comes to baseless claims of election interference in the 2020 presidential election," Indiana Democratic Party Spokesperson Sam Barloga said in the release. "He’s suggested the election was "stolen” from Donald Trump without any proof. Yet, here he is using taxpayer dollars to amplify a political ally days before the primary.
“Rokita owes Hoosiers an apology for this obvious political stunt," the statement continued. "Whether it’s attacking medical professionals like Dr. Caitlin Bernard or using his office for political games, Rokita’s tenure has been an embarrassment to Indiana."
In a statement from Indiana State Senator J.D. Ford D-District 29, Ford said that Rokita used his platform to "make divisive pronouncements on culture-war issues."
"It is disappointing, but not surprising, that the AG has decided to use the LGBTQ+ community as a scapegoat to garner media attention and fan the flames of partisan resentment," Ford said.
"The only ‘radical gender ideology’ we need to be worried about is that which fuels our state’s drive to single out transgender Hoosiers for ceaseless attacks designed to manufacture outrage and divide our communities. Trans people are just that – people and workers deserving of the same respect as anyone else. We call on the Attorney General and associated elected officials to move on from their hyperfixation on imagined problems, leave vulnerable minority communities alone and get back to work solving the real issues facing this state.”