A woman is taking action against her former employer over the claim that she was fired for misgendering a fellow employee.
Jocelyn Boden, a former store manager for a Bath & Body Works location in Utah, was reportedly fired for “refusing to adhere to the company’s pronoun policy because of her religious beliefs,” according to conservative legal firm First Liberty Institute.
Attorneys for Boden filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC), with Stephanie Taub, senior counsel for First Liberty, pledging to push back against what she sees as an illegal move by the company.
“She was a store manager for over three years,” Taub told CBN News of Boden. “And when a transgender employee started working at her store … Jocelyn treated her well, treated her like everyone else, was willing to use names or nicknames. But the only problem is: she could not use pronouns in a way that was inconsistent with her religious and moral beliefs.”
She continued, “And, because of that, there was an HR complaint that was filed and she was immediately investigated and fired.”
The termination reportedly unfolded in May, with a discrimination claim over the pronoun issues purportedly standing at the center of the dismissal. Attorneys said there was no “interactive process” — no effort to work with Boden to find an accommodation or middle ground.
“It was a ‘You have to use these pronouns or you’re going to be fired,’” Taub charged. “And when it was clear that she could not use these because of her religious and moral beliefs, they just terminated her.”
She explained how she believes the company should have handled the situation.
“Bath & Body Works should have found a way to respect all of its employees and to figure out a way to live up to its ideals of inclusivity and tolerance,” Taub said. “A simple solution would have simply been to allow Jocelyn to use names instead of pronouns, or even allow her to use names consistent with her religious beliefs — or pronouns consistent with her religious beliefs.”
First Liberty believes the firing “violates both state and federal law,” which is what led to the EEOC charge. Taub explained that individuals wishing to file a case before a federal court must go through the EEOC, a federal agency that enforces and protects employment rights.
Taub said she’s hopeful the EEOC will take up Boden’s case and that, ultimately, First Liberty can take a stand for her and other employees in different contexts whom they believe have been mistreated.
“We need more clarity in the law here,” she said.
As for Boden, Taub said her client has been more than willing “to take this stand because she couldn’t violate her principles.”
“She had to choose between her faith and her job,” she said. “And she made the choice to choose her faith and to stay true to that.”
A Bath & Body Works spokesperson responded to CBN News’ inquiry into the case with a statement concerning the company’s position on discrimination.
“Bath & Body Works complies with all laws concerning employment practices,” it read. “As an equal opportunity employer, we do not discriminate in our management of our associates on the basis of any protected status.”
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