Mistakes happen and failing to refer to an employee by the correct name or pronouns by accident will not be enough to merit a lawsuit. However, there are situations when “accidents” are more than honest mistakes. If coworkers or supervisors consistently and intentionally refer to an employee with the incorrect set of pronouns or by a previous name, despite being corrected numerous times, this may constitute workplace harassment. If the employer fails to intercede with a meaningful solution to correct the misgendering, the employee may have grounds for a lawsuit.