"He" used to be a universal descriptor, setting a masculine tone for legal language. Though it has evolved over time, the legal profession continues to be linguistically exclusive, particularly for nonbinary people.
In this blog, we share best practices to ensure that every client feels seen, respected, and valued, both in how we communicate and how we advocate.
How Can I Cultivate an Inclusive Environment for Nonbinary Clients?
- Never make assumptions. A client's gender identity cannot be inferred from their name, voice, appearance, or other characteristics. Additionally, gender identity can evolve over time, so be receptive if someone asks you to update the way you refer to them.
- Respect names and pronouns. The name on legal documents may not reflect someone's preferred name. Always ask clients for their name and pronouns. For example, at Sanford Heisler Sharp McKnight we include a space for gender identity and pronouns on our contact form and confirm this information during the intake process. This practice should be used for all clients—not just those presumed to be nonbinary.
- Show inclusivity in everyday practices.
Consider adding your pronouns to your email signature to
demonstrate a commitment to inclusivity. Affirm that clients can
use the restroom consistent with their gender identity and, where
possible, ensure that your office has access to an all-gender
restroom. For cases where clients are anonymous, discuss how
nonbinary clients would like to be identified—they may not
fall within the "Jane and John Doe" framework and need to
identify differently. Some ways people have tried to create
anonymity or refer to unidentified persons without referencing
gender include:
- Person Doe
- Unidentified Person
- Adult / Child Doe
- Doe
- Jay Doe
How Do I Respect a Client's Pronouns?
- Start with yourself. When introducing yourself, share your own pronouns. This sets the tone and invites others to share their pronouns if they wish.
- Handle mistakes gracefully. If you use the wrong pronoun, correct yourself and move on. Avoid overexplaining or dwelling on the mistake, as this can make the situation uncomfortable. Be open to corrections, and thank people for clarifying if they correct you.
How Should I Refer to Nonbinary Clients?
- Build inclusive language habits. Practice using pronouns that may be unfamiliar to you. Building this habit ensures you use them correctly and comfortably in professional settings. Always respect a person's name and pronouns, even when they're not present.
- Handle misgendering proactively. If someone misgenders a person in conversation, gently correct them. You might consider discussing with clients how they would like you to address misgendering by judges or opposing counsel in advance of such situations.
- Avoid deadnaming. Do not use a name that a person no longer identifies with. If you need to reference a legal name, clarify the context and confirm how the person would like it handled.
- Use appropriate honorifics. While there isn't a universally agreed-upon standard, "Mx." is the most common gender-neutral option. Other options include using the person's first name or preferred title—as always, the best approach is to ask each person directly which honorific they prefer.
Do Nonbinary Clients Have Legal Protections?
Nonbinary people are protected from discrimination in the workplace. In Bostock v. Clayton County (2020), the Supreme Court held that discriminating against employees because of their sexual orientation or transgender status violates Title VII of the Civil Rights Act of 1964. While the Court did not explicitly address whether a nonbinary person must identify as transgender to be protected under Title VII, numerous federal courts and the Equal Employment Opportunity Commission ("EEOC") have agreed that discriminating against an employee because they are gender non-conforming constitutes sex discrimination. Unless Bostock is reversed, discrimination against nonbinary people remains illegal under federal law. Additionally, the Americans with Disabilities Act ("ADA") as well as state and local laws may provide protections, depending on the circumstances.
Conclusion
Language matters. By deepening our understanding of the relationship between gender and the law and actively implementing inclusive practices, attorneys can build a legal system that truly serves everyone. As a civil rights firm, Sanford Heisler Sharp McKnight is proud to be at the forefront of advocating for equity and inclusion. We're committed to honoring every client's identity and fostering a legal system that reflects these values.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
