A recent federal court decision highlights the risk for an employer when supervisors allow their personal beliefs or judgments to creep into their employment decisions.
In the case, a female applicant interviewed for a position but disclosed their transition to a man shortly after being hired. The employee informed human resources about his new name and preferred pronouns, which he was assured would be honored. However, one of the company’s executives refused to use the employee’s preferred name or preferred pronouns, and said he would not engage in the “drama” surrounding the employee’s transition. He also instructed the employee not to use the men’s restroom, requiring him to use the women’s or gender-neutral restroom instead. When the employee raised concerns with HR following his meeting with the executive, the HR representative apologized and said not to take the executive personally because he “sometimes puts his foot in his mouth.” Shortly after, the company investigated the employee for misuse of his interoffice messaging account and fired him.
The employee sued for sex discrimination under Title VII of the federal Civil Rights Act of 1964, which the court allowed to go forward based on the comments made by the executive and the timing of the termination (Ward v. KaTom Restaurant Supply, Inc., ED Tenn, Jan. 2026).
Tips: Managers and supervisors who are known to say offensive things or “put their foot in their mouths,” are a risk for any company. Work with your leadership team and these individuals to ensure they meet your company’s expectations around respectful communications. The best approach is to make sure any comments are job-focused and free from personal perspectives that can later be portrayed as bias. Help your supervisors avoid allowing personal discomfort, beliefs, or preconceived judgments impact company actions. Looking for resources to train your frontline leaders? Check out our upcoming Legal Bootcamp for Supervisors series or review our other legal training courses. Members – contact your Vigilant Law Group employment attorney for guidance on which class is best for your company.
Be proactive, not reactive. Vigilant membership provides access to a dedicated Vigilant Law Group employment attorney to help you navigate harassment, discrimination, and termination issues early. Protect your business today—reach out to see if membership is a good fit for your company.
