New York City has toughened its anti-discrimination laws favouring transgenders as it warned gender non-conforming communities that it would be a violation if a business owner, landlord or an employer fails to use a person's preferred name, pronoun or title.
The city's Commission on Human Rights issued the new guidelines on "Discrimination on the Basis of Gender Identity or Expression" that target discrimination in employment, public accommodations, and housing and prohibit discriminatory harassment and bias-based profiling by law enforcement.
It said violations could result in civil penalties of up to $125,000 and up to $250,000 for violations "that are the results of wilful, wanton, or malicious conduct."
"There is no limit to the amount of compensatory damages the Commission may award to a victim of discrimination," according to the office of the New York mayor.
Under the rules, failing to use an individual's preferred name or pronoun is already a violation.
"The NYCHRL requires employers and covered entities to use an individual's preferred name, pronoun and title (e.g., Ms./Mrs.) regardless of the individual's sex assigned at birth, anatomy, gender, medical history, appearance, or the sex indicated on the individual's identification," according to the guidelines.
It said most individuals and many transgender people use female or male pronouns and titles. Some transgender and gender non-conforming people prefer to use pronouns other than he/him/his or she/her/hers, such as they/them/theirs or ze/hir. Many transgender and gender non-conforming people choose to use a different name than the one they were given at birth.
Examples of violations include intentional or repeated refusal to use an individual's preferred name, pronoun or title such as repeatedly calling a transgender woman "him" or "Mr." after she has made clear which pronouns and title she uses.
One could also be fined if he refuses to use an individual's preferred name, pronoun, or title because they do not conform to gender stereotypes such as calling a woman "Mr." because her appearance is aligned with traditional gender-based stereotypes of masculinity.
It is also a violation if one requires an individual to provide information about their medical history or proof of having undergone particular medical procedures in order to use their preferred name, pronoun, or title.
Business owners may also be fined if they have grooming and appearance standards that apply differently including requiring different uniforms for men and women, or requiring female bartenders to wear makeup.
It is also a violation if one allows individuals who identify themselves as women to wear jewelry or requires those who identify themselves as men to have short hair.
