TBA Law Blog


Posted by: Julia Wilburn on Nov 2, 2023

Tennessee Attorney General Jonathan Skrmetti on Wednesday sent a letter joined by 19 other state attorneys general commenting on the Equal Employment Opportunity Commission’s (EEOC) “Proposed Enforcement Guidance on Harassment in the Workplace.” The letter claims that the proposal "threatens the First Amendment rights of millions of Americans," according to a press release from the AG's office. The EEOC has suggested new guidance that would broaden Title VII's prohibition of "sex-based harassment" to include “intentional and repeated use of a name or pronoun inconsistent with the individual’s gender identity (misgendering)” and “the denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity.” Read the letter.