Gender Identity Employment Practices passing through Senate

The bill addresses the use of pronouns in the context of the public workplace, where those pronouns do not correspond with an individual’s sex.

By Tami Stevenson

Work related gender Identity legislation is passing through the Senate, CS/SB 440, Gender Identity Employment Practices, sponsored by Sen. Stan McClain (R), passed (5-2) in Governmental Oversight and Accountability. The bill addresses the use of pronouns in the context of the public workplace, where those pronouns do not correspond with an individual’s sex.  

Specifically, the bill provides that: 

1.  An employer cannot require an applicant, employee, or contractor, within the context of their state or county employment, to use a person’s preferred pronouns if they do not correspond to that person’s sex; 

2.  An applicant, employee, or contractor cannot require a public employer to use his or her preferred pronouns if they do not correspond to his or her sex; and 

3.  An application or other employment form that asks about sex may only offer male or female as answers and cannot provide a nonbinary or other option. 

Additionally, the bill makes it an unlawful employment practice for an employer to require, as a condition of employment, any training, instruction, or other activity on gender identity or gender expression. The Bill grants the Department of Management Services authority to adopt rules to implement portions of the bill. 

If passed the Act will take effect July 1, 2025.