‘Are you human?’ Tips for using gender-neutral language in employment documents

"Are you human? Are you a good human?" Those are the questions you should really be asking job candidates. The days of gender roles and glass ceilings should be behind us.

Words matter

So, why do many employee handbooks, employment agreements, and interview questions still run along gender lines? What’s the point of using “him/her” or “s/he” in a handbook when “you” or “the employee” conveys the point just as easily?

If a document uses gender-specific language at the start of employment (e.g., in a handbook or employment contract), you risk potentially offending new employees from day one. In recent years, many employers have taken a hard look at their communications to ensure they’re promoting the principles of diversity, equality, and inclusion (DEI) to eliminate bias.

Many are using gender-neutral language to avoid word choices that may be interpreted as biased, discriminatory, or demeaning by implying one sex or social gender is the norm. For instance, an executive-level employment agreement in years gone by almost certainly would have been drafted to refer to a male filling the role. At best, the boilerplate language at the end would have included a provision indicating “a reference to one gender shall include reference to the other genders.”

Replace ‘he’ or ‘she’ with ‘you’ or ‘they’

Today, a template agreement is more commonly drafted in second person (e.g., “you are entitled to these benefits” or “you are expected to fulfill these job duties”) or third person (they/their/the employee).