by Mary Beth Barry

There are a growing number of proposed rules and mandates surrounding gender identity and gender-affirming care. Catholic institutions are being forced to conform their decisions, especially in the area of employment, to the norms of a secular culture. They are being forced to accommodate or provide benefits to employees who reject their core beliefs.

Often, employers (Catholic or not) are hoping that employee questions or issues related to this topic do not come up. We hold our breath and assume we can come up with a response or write a policy IF the issue comes up.

However, there are two very important reasons that you will want to prepare a pastoral response and consider a policy for employee questions or requests around gender identity issues:

Responsibility to uphold and promote Catholic teachings
As Church representatives, we are responsible for upholding and promoting Catholic teachings and values in the workplace. When faced with an employee issue that conflicts with our faith, it is necessary to provide a response that aligns with the teachings of the Church. This ensures consistency and faithfulness to Catholic doctrine. While we want to support our employees, we also need to be true to what we believe Jesus is asking of us.

Maximize your religious freedoms
Having a policy that clearly states your institution’s right to act consistently with Catholic teachings can give you an added layer of protection to defend against threats. Suppose your institution has a well-written, theologically rich policy that succinctly expresses to the court how the policy is, in fact, religious and reasonable. In that case, this will substantially increase the likelihood that the Court will protect the policy as an exercise of religious belief.

How would you handle these situations that are likely to come up at some time in the future if an employee:

  • Has a child/dependent who is undergoing gender-affirming care,
  • Wants co-workers to use pronouns or dress in a manner not consistent with their biological sex.

Preparing a pastoral approach to these situations
As Pope Francis notes, we must always respect the sacred dignity of each individual person, but that does not mean the Church must accept the confused notions of gender ideology.

“We must not demean or deny the sincerity and struggle of those who experience same-sex attraction or who feel his/her true gender identity is different from his/her biological sex. Rather, we seek to accompany them on their journey of life, offering them the light of the Gospel as they try to find their way forward.”

Thus, a pastoral response with your employee should:

  • Maintain a commitment to upholding Catholic teachings,
  • Approach the conversation with compassion and respect for human dignity,
  • Affirm their worth as a person,
  • Acknowledge their experiences and struggles,
  • Include attentive listening without judgment or prejudice.

What are the basic Church’s teachings in regard to gender ideology?
While you don’t need to be an expert on theology, identifying these key teachings will be helpful.

  • The Church teaches that our identities as male and female are part of God’s good design in Creation, that our bodies and sexual identities are gifts from God, and that we should accept and care for our bodies as they were created.
  •  A person cannot change his or her gender. A person should accept and seek to live in conformity with his or her sexual identity as determined at birth.
  • The human person is a body-soul union, and the body – created male or female – is a constitutive aspect of the human person. Therefore, the removal or destruction of healthy sexual and reproductive organs is a type of mutilation and intrinsically evil. Procedures, surgeries, and therapies designed to assist a person in “transitioning” his or her gender are morally prohibited.

Preparing a pastoral response to employee issues that conflict with Catholic faith is essential for maintaining a balanced approach that respects both the organization’s values and mission and the well-being of its employees. It aligns with Catholic teachings on compassion, dignity, education, and the importance of fostering a just and caring community.

Policy guidance

In today’s culture, it is necessary for a Catholic organization to have well-written, theologically rich policies that succinctly express its uniquely religious nature. A policy that upholds Catholic teachings while adhering to legal obligations helps the organization navigate potential challenges in a balanced way and will substantially increase the likelihood that a Court will protect the policy as an exercise of religious belief.

A clear policy provides employees and employers with guidance on navigating gender identity matters in the workplace. It sets expectations, outlines procedures, and does so all while upholding Catholic teachings.

A well-crafted policy demonstrates the organization’s commitment to addressing gender identity in light of the Church’s teachings while respecting the dignity of all individuals. It also allows for educational initiatives that help employees understand the Catholic perspective on this issue and can foster greater awareness, empathy, and dialogue within the workplace.

Key considerations for adopting a new policy

Who should be at the table? Consider having legal counsel, human resources, and several leaders involved.  This makes sure they have a voice and are more engaged in implementing a policy.

Also, ensure clergy is present to offer a pastoral perspective. This is especially helpful if any leaders do not agree with the policy or if someone has personal experience with the topic.

Set the table for what could be a difficult process. Opening with prayer puts you in a different space to set the tone of the meeting.

A policy should include:
·      Compliance with federal or state law
·      Reference to Catholic teachings
·      Purpose
·      Policy Statement

Scope and Applicability
·      Definitions
·      Roles and Responsibilities
·      Prohibited Conduct
·      Expectations and Standards
·      Reference to other related policies (such as benefit plan documents, code of conduct policies, etc.)
·      Guidelines and Procedures
·      Exceptions and Accommodations (If applicable)
·      Consequences for Non-Compliance
·      Reporting Mechanisms
·      Confidentiality and Privacy
·      Training and Communication
·      Acknowledgment

Catholic organizations that wish to enjoy the freedom to live their faith fully must carefully contextualize their religious identity and accompanying beliefs for their personnel, clients, and courts in their policies and in all communications, including those difficult conversations with employees.

If you would like a free policy review, please reach out to us.

photo by Amy Hirschi on Unsplash