New Transgender ‘misgendering’ Laws Will Leave You Speechless and Could Cost You $250,000: Is This Tyranny?

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I want you to seriously look at parts of the new set of guidelines released by the New York Commission on Human Rights which outline dozens of ways you’ll be violating the law by ‘misgendering.’

If you don’t know what that is, you’re going to be shocked at how much you can be fined for, example, calling someone a “she” instead of a “ze”.

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Bill de Blasio, the left wing, communist sympathizing mayor of New York City has issued more draconian, anti-business guidelines detailing the legal protections of transgender and gender-nonconforming New Yorkers.

The lawyers are lining up as we speak:

Below are excerpts from The New York City Human Rights Law (“NYCHRL”) on Discrimination on the Basis of Gender Identity or Expression: 

The guidelines apply to employment, housing, and public accommodations and I am not making this up.

You couldn’t make this up, unless you’re George Orwell:

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Under the NYCHRL, gender discrimination can be based on one’s perceived or actual gender identity, which may or may not conform to one’s sex assigned at birth, or on the ways in which one expresses gender, such as through appearance or communication style.

VIOLATIONS OF THE NEW YORK CITY HUMAN RIGHTS LAW’S PROHIBITIONS ON GENDER DISCRIMINATION

When an individual is treated “less well than others on account of their gender,” that is gender discrimination under the NYCHRL.

… Well that’s certainly clear as mother’s milk. “Less well”? And who decides that?

Gender-based harassment can be a single or isolated incident of disparate treatment or repeated acts or behavior…

Failing To Use an Individual’s Preferred Name or Pronoun

The NYCHRL requires employers and covered entities to use an individual’s preferred name, pronoun and title regardless of the individual’s sex assigned at birth, anatomy, gender, medical history, appearance, or the sex indicated on the individual’s identification… 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.

The NYCHRL requires that individuals be permitted to use single-sex facilities, such as bathrooms or locker rooms, and participate in single-sex programs, consistent with their gender, regardless of their sex assigned at birth, anatomy, medical history, appearance, or the sex indicated on their identification.

Examples of Violations

.. customers, other program participants, tenants, or employees, may object to sharing a facility or participating in a program with a transgender or gender non-conforming person.  Such objections are not a lawful reason to deny access to that transgender or gender non-conforming individual.

Barring someone from a program or facility out of concern that a transgender or gender non-conforming person will make others uncomfortable.

Under the NYCHRL, employers and covered entities may not require dress codes or uniforms, or apply grooming or appearance standards, that impose different requirements for individuals based on sex or gender.

When an individual is treated differently because of their gender and required to conform to a specific standard assigned to their gender, that is gender discrimination regardless of intent, and that is not permissible under the NYCHRL.

Employers and covered entities are entitled to enforce a dress code, or require specific grooming or appearance standards; however it must be done without imposing restrictions or requirements specific to gender or sex.  It will not be a defense that an employer or covered entity is catering to the preferences of their customers or clients.

Examples of Violations

Requiring all men to wear ties in order to dine at a restaurant.

It is unlawful for an employer to provide health benefit plans that deny or exclude services on the basis of gender.

… Yes, men need prenatel and pap smears too you know..

Transgender care includes a range of treatments, including, for example, hormone replacement therapy, voice training, or surgery.

(The law defines such treatments as “necessary” and “life-saving.”)

Examples of Violations

Employers offering health benefits that do not cover care when an individual’s sex assigned at birth is different from the one to which health services are ordinarily or exclusively available.  For example, offering benefits that cover prostate cancer screening for cisgender men but not for transgender women.

… Does anyone on earth know what the hell that means?

Employers offering health benefits that categorically exclude from coverage, or limit coverage for, health services related to gender transition.  Employers should take care to select plans that follow recognized professional standards or medical care for transgender individuals, for example, the standards of care of the World Professional Association for Transgender Health.

IV.    PENALTIES IN ADMINISTRATIVE ACTIONS

The Commission can impose civil penalties up to $125,000 for violations, and up to $250,000 for violations that are the result of willful, wanton, or malicious conduct.  The amount of a civil penalty will be guided by the following factors, among others:

* 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.

These penalties are in addition to the other remedies available to people who successfully resolve or prevail on claims under the NYCHRL, including, but not limited to, back and front pay, along with other compensatory and punitive damages.

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Ze and hir are popular gender-free pronouns preferred by some transgender and/or gender non-conforming individuals. Officials estimated that New York has just over 25,000 transgender and intersex people living in the city…

… As business flees New York, lawyers are flooding in…

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About Author

Baron Von Kowenhoven

Baron was just a shy kid with a dream, growing up in the 40's with a knack for story-telling. After a brief career in film, Von Kowenhoven went to Europe in search of fringe-scientific discoveries and returned in the 90's to unleash them on the entertainment and political landscape of America.

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