Gender Identity Discrimination in New York City

The New York City legislation on gender identity discrimination is exemplary. Here is the guidance from the NYC Commission on Human Rights.

Breitbart, a Poe’s Law website, claimed that NYC Will Fine You $250,000 For ‘Misgendering’ A Transsexual. Perhaps the author does not understand the concept of a maximum penalty. Note the scare quotes around misgendering: the arrogant fool thinks he knows my gender better than I do. They had over 3000 comments, which may be more than the number of trans women in New York; but they do not see how liberating this law is.

Discrimination is forbidden in employment, housing and “public accommodations”, that is, facilities used by the public, such as retail stores, rental establishments, educational institutions, recreational facilities and service centres. Gender is defined as one’s “actual or perceived sex and shall also include a person’s gender identity, self-image, appearance, behavior or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth.”

Whereas in Britain only those who intend to transition permanently are protected, in NYC all people are protected. Discrimination is forbidden on the basis of gender expression: so everyone can express ourselves in any way, and discrimination may be punished. Conventional gender expression is abolished, so a restaurant cannot require that men wear ties.

The maximum penalty is $125,000 for a violation, and $250,000 for a violation that is wilful, wanton or malicious. The amount of the penalty is affected by
* The severity of the particular violation;
* The existence of previous or subsequent violations;
* The employer’s size, considering both the total number of employees and its revenue; and
* The employer’s actual or constructive knowledge of the NYCHRL.

Prohibited discrimination has occurred whenever there is disparate treatment of an individual on account of gender. Harassment occurs in a culture or atmosphere of sex stereotyping, degradation, humiliation, bias, or objectification. Misgendering is harassment, and where an employee chooses a gender-neutral pronoun such as “zie”, the employer should use it. We can choose our names, without any formal, legal name change.

We can use single-sex facilities consistent with our gender. A transgender woman may use a woman’s shelter. We cannot be required to prove our gender: our own self-definition is enough. Barring us on the supposition that we will make others uncomfortable is unlawful: so we can be excluded for our acts, but not because of others’ fears.

An individual’s assessment of their own safety should be a primary consideration. So we should be allowed to use a bathroom for the sex assigned at birth if we want.

Sex stereotyping is unlawful, and that liberates everyone. Everyone can express gender as they wish. Men may wear jewellery. Expectations of how an individual represents or communicates gender to others, such as behavior, clothing, hairstyle, activities, voice, mannerisms, or body characteristics may not be enforced.

Employee health insurance must include transgender care. Employers should accommodate our needs around transition, such as time off for treatment.

Any action likely to deter individuals from exercising their rights, or assisting another to exercise rights, is unlawful retaliation.

This law is a step to abolishing patriarchy. All people may express gender as they wish. Gender ceases to be norms and expectations to curb people, and becomes a palette of infinite self-expression, creativity and freedom.

I am grateful to Breitbart for drawing my attention to this. Consider what the enemies fear, and rejoice!

John Martin, the Plains of Heaven featured

3 thoughts on “Gender Identity Discrimination in New York City

  1. Rejoice indeed. I am torn between reading all your posts – I have been away – and commenting on them. If I comment, that breaks my reading and I find it harder to resume.

    I do love your posts. So well written and interesting. Thank you so much. I hope you feel cheerful about the New Year. xxx 😀


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