Gender in the Courtroom and Workplace — Resources for the Legal Community

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walawlibrary

4 min readJun 16, 2022

***Since the original publication of this post, The Non-Biased and Inclusive Language Project suggested many amendments to Washington State Court Rules. The amendments were adopted effective January 1, 2023. Additional changes have been made to the General Rules regarding personal pronouns, and to the Code for Judicial Conduct and the Rules of Professional Conduct to address harassment and misconduct related to gender expression and gender identity.***

This year President Biden proclaimed June 2022 to be Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex (LGBTQI+) Pride Month saying, “[W]e honor the resilience of LGBTQI+ people, who are fighting to live authentically and freely. We reaffirm our belief that LGBTQI+ rights are human rights. And we recommit to delivering protections, safety, and equality to LGBTQI+ families so that everyone can realize the full promise of America.” We wish all our LGBTQI+ colleagues and patrons a happy Pride Month.

A pride flag is depicted. It includes horizontal stripes with a red stripe at top followed by orange, yellow, green, blue, and purple stripes below. On the left side of the flag is a white triangle followed to the right by pink, blue, brown, and black chevrons.

The concept of gender is evolving in today’s workplace and beyond. Take the legal field, for example. In the last several years pronoun use has been litigated in courtrooms and a transgender attorney sued to stop discrimination based on gender identity by other attorneys and judges.

There are many online tools that can help those who want to reduce harm and educate themselves on best practices and terminology. We have compiled some resources we hope you find helpful in your own efforts to learn more about gender in the workplace and courts.

Terms, Vocabulary, and Glossaries

PFLAG National Glossary of Terms, PFLAG

LGBTQ+ Vocabulary: Glossary of Terms, The Safe Zone Project

Glossary of Terms, Human Rights Campaign

Glossary of Terms, University of Wisconsin Milwaukee Lesbian, Gay, Bisexual, Transgender, Queer Plus (LGBTQ+) Resource Center

Diversity, Equity and Inclusion — Glossary of Equity-Related Terms, Office of Financial Management

Pronouns Resources

They and Ze: the Power of Pronouns, 31 CBA Record 48 (January 2017)

The Power of Pronouns: 5 Years Later, 36 CBA Record 40 (January/February 2022)

Gender Pronouns, University of Wisconsin Milwaukee Lesbian, Gay, Bisexual, Transgender, Queer Plus (LGBTQ+) Resource Center

Gender-Neutral Pronouns: They Are Here to Stay, 52 Seton Hall L. Rev. 317 (2021)

To Each Their Own: Using Nonbinary Pronouns to Break Silence in the Legal Field, 27 UCLA Women’s L.J. 213 (2020)

Misgendering, 109 Cal. L. Rev. 2227 (2021)

Washington State LGBTQ Commission Resources

General Information and Definitions

Adding Pronouns to Your Signature Line FAQ, Rainbow Alliance and Inclusion Network (RAIN)

Use of Pronouns in External Communications, RAIN

Pride Month Toolkit, RAIN

Washington Judges’ Bench Guide on the LGBTQ Community and the Law, QLaw Foundation of Washington and QLaw Association

A person’s hands are clasped together and shown close up. A white bracelet is worn on one wrist and a watch is worn on the other. Rainbow colored ribbon is wrapped around one of the hands and further up the person’s arm.

Court and Law School Resources and Legal Analysis

Gender Inclusivity in the Courts: How to Treat Everyone with Fairness, Dignity, and Impartiality, National Center for State Courts

Using Gender-Inclusive Language in Court Bench Card, National Center for State Courts

Federal Courts — Judicial Power — Fifth Circuit Holds That Courts Cannot Compel Use of Preferred Pronouns — United States v. Varner, 948 F.3d 250 (5th Cir. 2020), 134 Harv. L. Rev. 2275 (2021)

Examining Judicial Civility in New York Courts for Transgender Persons in the Wake of United States v. Varner, New York State Bar Association

Protected and Served?, Lambda Legal (a national study of the experiences LGBT people and individuals living with HIV have with police, courts, prisons and school security)

Moving Beyond Bias: How To Ensure Access to Justice for LGBT People, Lambda Legal

Exploring Identity, 55 Fam. L.Q. 1 (2021): This article provides a comprehensive analysis of custody cases involving “gender expansive children” (Ask librarians for assistance accessing this article)

Fostering Equity and Inclusion Across the Gender Spectrum in the Law School Classroom, 65 Vill. L. Rev. 1105 (2020)

Expanding LGBT, 73 Fla. L. Rev. 243 (2021)

They, Them, and Theirs, 132 Harv. L. Rev. 894 (2019)

Code of Judicial Conduct, Washington State Court Rules

Rules of Professional Conduct, Washington State Court Rules

Admission and Practice Rules, Washington State Court Rules

Workplace Resources

A Workplace Divided: Understanding the Climate for LGBTQ+ Workers Nationwide, Human Rights Campaign

Trans Toolkit for Employers, Human Rights Campaign

Best Practices Checklist, Appendix to the Ontario Human Rights Commission’s Policy on preventing discrimination because of gender identity and gender expression

Following Bostock, How Employers Can Lead the Way to Embrace Transgender Employees in the Workplace, 98 Denv. L. Rev. Forum 1 (2021)

The Importance of Not Misgendering Anyone: Creating an Inclusive Environment for Coworkers and Clients, Washington State Bar News (June 2022, p. 44)

Creating More Welcoming Workplaces for Nonbinary Individuals | Practical Steps Towards Gender Inclusion in the Legal Profession webinar, American Bar Association Commission on Sexual Orientation and Gender Identity

Creating More Welcoming Workplaces: Practical Steps Towards Nonbinary Inclusion in the Legal Profession, Beyond Binary Legal and the Harvard Law School LGBTQ+ Advocacy Clinic