Labor & Employment Law Daily Wrap Up, NLRB NEWS—Agency issues inclusive writing guide in furtherance of its DEIA program, (Jan 8, 2025)

By Brandi O. Brown, J.D.

“Generally, it is recommended to respect the language people use to describe themselves, meaning refer to people as they refer to themselves.”

In furtherance of its Diversity, Equity, Inclusion, and Accessibility program, the NLRB announced that it has issued an “Inclusive Writing Guide” for its employees to follow in internal and external writing relating to case handling, administrative matters, and other agency communications. The agency also notes that the guide is intended to serve as a resource for members of the public to consider when drafting submissions and communications to the NLRB.

“Generally,” the guide explains, “it is recommended to respect the language people use to describe themselves, meaning refer to people as they refer to themselves.” However, it notes that “except as described below in the section on slurs and epithets, the text of affidavits, transcripts, and other documents that quote someone’s exact language should not be altered based on these recommendations.”

Pronouns. The guide’s definitions and suggestions for respectful communication includes categories for disabilities; race and national origin; religion; and sex, gender, and sexuality. Following upon the sex, gender, and sexuality discussion is guidance regarding pronouns, including discussion of singular they/them pronouns; people who use multiple pronouns; the use of neopronouns; people who use no pronouns; honorifics; gendered language; and deadnaming.

Slurs and epithets. A separate section is included to cover documentation of slurs and epithets related to Title VII/ADA protected categories. The guide indicates that, when quoting a slur or epithet in reciting the facts of a case or the testimony of a witness, “use only the first letter of the word, followed by “-word,” and include a short parenthetical describing the slur.”

However, for formal public case documents, “there is an interest in shining a light on a slur or epithet that is material to the outcome of the case, but there is also interest in avoiding unnecessary repetition of the slur or epithet.” To balance those interests, the guide indicates that “a slur or epithet may be fully reproduced in the text the first time it appears in a document if it is material, but any subsequent references to the slur or epithet should be abbreviated as described above regarding other written work.

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