Navy Guidance: Trans Men Can ‘Use Facility That Corresponds To Their Gender Identity,’ Misgendering Leads To ‘Unlawful Hostile Work Environment’

Naval intelligence officers were sent guidance on LGBT pronouns and bathroom usage, informing them that repeatedly misgendering a co-worker leads to an “unlawful hostile work environment.” 

In an email obtained by The Daily Wire, Naval officers were told that under updated Title VII protections they cannot repeatedly misgender someone without facing consequences, potentially legal. The updates are in response to a Supreme Court case that ruled that discrimination based on transgender status is “sex discrimination.” 

“Intentionally and repeatedly using the wrong name and pronoun to refer to a transgender employee could contribute to an unlawful hostile work environment,” the email reads. “Accidental misuse of a transgender employee’s preferred name and pronoun does not violate Title VII.”

An internal whistleblower told The Daily Wire that they are concerned that this updated guidance violates an officer’s religious freedom. They dubbed the new rules “troubling.” 

The email also included a slew of LGBT “glossary terms” including “intersex,” “sex-based harassment,” and “transition.” Per the definition, officers would seemingly be guilty of “sex-based harassment” if they used a transgender employee’s wrong pronouns or name. 

“Sex-based harassment” is defined as “unwelcome conduct that is severe or pervasive and has no sexual component, but is instead aimed at disparaging an employee because of the employee’s gender or sex.” 

The email also included a “myth buster” which told Naval officers that transgender men are allowed to use women’s bathrooms and locker room facilities and vice versa. The email cited the Equal Employment Opportunity Commission’s (EEOC) fact sheet on bathroom access.  

“Employers may have separate facilities for men and women, but may also choose to have unisex or single-use facilities,” the Navy email reads. “However, the EEOC has taken the position that when these facilities are segregated by sex, all men and women, including transgender men and women ‘should be allowed to use’ the facility that corresponds to their gender identity.” 

The Navy has become increasingly “woke” following the inauguration of President Joe Biden. According to a slew of declassified memos obtained by The Daily Wire, the Navy held mandated training on “eradicating extremism.” The training told officers that Black Lives Matter is not a political or extremist organization. 

The Office of Naval Intelligence also established an “Artwork Working Group” that was created to “address the issue” of inclusion in artwork within the naval offices. An employee raised concerns that the artwork on display in the National Maritime Intelligence Center “did not represent the diversity of people serving in the Navy.” 

Related: Exclusive: Navy Established Group To Develop ‘Inclusive’ Artwork For Naval Offices

Naval officers have also been encouraged to read Ibram X. Kendi’s “How to Be an Antiracist” and other books that discuss critical race theory. GOP Rep. Doug Lamborn, who represents the Colorado area that houses the Air Force Academy, lambasted Chief Naval Operations Adm. Michael Gilday over the Navy’s reading list. 

“How does exposing our sailors to the idea that they are either oppressors or oppressed and that we must actively discriminate to make up for past discrimination improve our Navy’s readiness and lethality for great power competition?” Lamborn asked.