Seventh Circuit rejects request not to use preferred pronouns as religious accommodation

In Kluge v. Brownsburg Community School Corp., the Fifth Circuit rejected as unreasonable an employee’s refusal to use preferred pronouns as a religious accommodation under Title VII. The employee claimed that his religious beliefs required him to use instead pronouns associated with gender as recorded on birth certificates. Several other employees joined him in the request for religious accommodation from use of pronouns that, in their minds, were inconsistent with gender as recorded on birth certificates. The Fifth Circuit held that accommodating such a request would have constituted an undue hardship.

The employee and employer had attempted, unsuccessfully, a prior middle-ground of allowing him to use only last names, but this was also found to be inappropriate as his use of last names was targeted at individuals who preferred pronouns that he believed were not consistent with birth records. The court agreed that was stigmatizing and humiliating and, therefore, disruptive to the employer’s business. Indeed, the use of last names quickly became, according to the Court, so disruptive and offensive that others who witnessed it complained as well. He then attempted to call everyone by last name only, which, according to the Court, only caused more disruption and offense in the workplace.

The employee then refused to resign saying that continuing his employment was, he believed, part of a religious ministry that he was accomplishing at the non-religious employer’s workplace. Disciplinary action commenced, resulting in his termination, which was upheld by the Court.