• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • GET STARTED
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Using transgender employee’s deadname was harassment, court ruled

Rachel Mucha
By: Rachel Mucha
Read it on Beacon
  • Share on

About the Author

Rachel writes about Human Resource management and has been a member of the HRMorning staff since 2017. She is a graduate of Ithaca College.

Show Less
Last Updated: January 14, 2022
2 minute engagement
company failed to prevent harassing behavior
You read HRMorning's newsletter. Beacon's Daily Brief is the version tuned to you: it skips what you've already read and leads with what you've asked Beacon about. Get your Daily Brief →

Back in 2020, the Supreme Court ruled that sex discrimination protections under the Civil Rights Act extended to sexual orientation and gender identity.

And a recent district court ruling reiterated that. Here’s a breakdown of the case.

Purposely misgendering

Vivian Fulwood, a transgender woman, began working at a Georgia Walmart store post-transition. She dressed and presented herself as female, and requested the company call her Vivian. Walmart agreed to this, and her nametag used her requested name, however the company used her birthname on official documents.

During Fulwood’s employment, managers refused to use her requested name and instead used her deadname in both conversations with her and about her. This resulted in many employees using Fulwood’s deadname and purposely misgendering her. Fulwood would correct her colleagues, but they refused to use her requested name.

Some employees even told Fulwood they “disagreed” with her identifying as transgender and would give her a hard time about using the women’s restroom. Other colleagues would ask inappropriate questions about her transition.

Fulwood filed a complaint, but Walmart did nothing to stop the harassing behavior. Eventually, Fulwood was fired for unexcused absences — though she claimed those had been approved. She then sued Walmart for sex discrimination and harassment.

Company encouraged harassment

The district court ruled in favor of Fulwood, stating she was protected under the Civil Rights Act, and the company not only failed to prevent the harassment, but encouraged it.

By permitting managers to use Fulwood’s deadname, it made employees aware of Fulwood’s transgender status, and sent the message it was OK to misgender her, the court said.

“The aforementioned conduct would not have occurred for Plaintiff’s sex, gender identity and identification as a transgender person,” the court added.

While this ruling is a win for transgender employees — and provides clear guidance to employers — there are a few transgender issues that remain legally murky, such as dress codes and bathroom usage. Employers will have to wait and see how more courts start ruling on these specific topics.

Read it on Beacon
Open this article in Beacon, from HRMorning, and ask how it applies to your company. Every answer names its source.
Read it on Beacon
Get HRMorning's newsletter tuned to you every morning: your Daily Brief on Beacon →
Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Get it free with a Beacon account. Beacon keeps your company's HR context at hand, and every answer names its source.
Create my free account

Free Training & Resources

White Papers

Harvard Business Review AI Talent Playbook

White Papers

Six Pillars to Drive Impactful Engagement

Provided by Terryberry

White Papers

Customer Service Teams Take the Complaints. Make Sure They Also Get the Thanks.

Provided by Inspirus

White Papers

One Botched Harassment Investigation Away From a Lawsuit

Provided by Navex

SPONSORED CONTENT

Performance Management

Talent Management

sponsored content
Employee Recognition Program: What the First 6 Months Reveal About Whether It Will Last

Courtesy of INSPIRUS

Compensation

Recruiting

sponsored content
Salary Benchmarking: 6 Choices That Decide Whether Your Pay Data Holds Up

Courtesy of MARSH

Employment Law

Policy & Procedures

sponsored content
Policy Rollout: 4 Checkpoints That Show Employees Got the Message

Courtesy of NAVEX

Further Reading

  • Employment Law
FMLA Leave: 6 Legal Ways to Deny Reinstatement

When conducting company layoffs or reorganizations, some employers may face this legally risky situation: denying reinstatement to an emplo...

  • Employment Law
Employee Answers Work-Related Call: Is He Still on FMLA Leave?

Here’s a tricky question for you: Should an employee still be considered on FMLA leave when he’s answering work email or phone ...

  • Employment Law
What the AI Hiring Conversation Keeps Getting Wrong

The debate around AI in hiring has grown louder and, in many ways, more confused. The cautions around AI are driving most of the conversati...

  • Employment Law
Wage Theft Spikes in DC: New Lawsuit Plus 3 Settlements

In recent weeks, the District of Columbia’s Office of the Attorney General (OAG) has been focused on protecting its citizens from wage th...

  • Employment Law
Employer Blamed for Ugly Injury: Worker Suffers Burns to Face

The Department of Labor has determined that an employer is to blame for injuries suffered by a worker whose face was burned as he was clean...

  • Employment Law
DoorDash’s $16.75M Payout: A Warning on Tips & Transparency

DoorDash has agreed to pay $16.75 million to settle a dispute involving its practices on handling delivery workers’ tips, New York Attorn...

Get the latest from HRMorning in your inbox PLUS Beacon, free. Check it before you say it.

GET STARTED FREE
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy | Terms of Service
Copyright© 2026 HRMorning
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.