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Published On: Tue, Jan 5th, 2016

New York City moves ahead with new transgender rules, no more gender based separations or pay fines

photo Marcus Werthmann

photo Marcus Werthmann

This New York City’s Commission on Human Rights announced that it has re-interpreted the city’s transgender anti-discrimination law. The result is more gender neutral restrictions for all people in the areas of employment, public accommodations (i.e., restaurants, theaters, stores, health clubs, etc), and housing. Included are fines of up to $250,000 for each violation.

The New York City Commission has released a 10-page manual stating specifically what it intends to enforce. Read the manual HERE.

Violations of the law in the City of New York now include:

Failing to use an individual’s preferred name or pronoun, such as calling a biological male “she” when requested. It’s also illegal to require proof of a legal name change or of “sex-change” medical procedures.

Restricting same-sex facilities, such as restrooms, locker rooms, and showers, to the persons of the biological sex. People’s “gender identity or expression” must be the indicator.

Limiting a person’s options to only “male” and “female.” The logistics of this was not completely explained.

Sex stereotyping. If a company allows women to wear wigs, makeup, skirts, and jewelry – it must also allow men to do so. Any conversation about a person’s non-conformity to gender norms is also prohibited.

Imposing different dress codes based on sex. Similar to sex stereotyping. For example, if a restaurant requires waitresses to wear skirts and high heels, it must also require male waiters do so. Or, it may not require only male patrons to wear ties. The Commission’s manual is very emphatic about this:

“Holding individuals to different grooming or uniform standards based on gender serves no legitimate non-discriminatory purpose and reinforces a culture of sex stereotypes and accepted cultural norms based on gender expression and identity.”

Transgender-inclusive health insurance. All employers must cover medical procedures for “transitioning” to the opposite sex and include other special “transgender” health care. The manual elaborates:

To be non-discriminatory with respect to gender, health benefit plans must cover transgender care, also known as transition-related care or gender-affirming care … Transgender care includes a range of treatments, including, for example, hormone replacement therapy, voice training, or surgery.

Treating cross-dressers differently in any way. Treating cross-dressers differently in the workplace or at a public accommodation, even in a minor way, is strictly illegal. Also, reacting negatively to a person’s demands that their “transgender rights” be enforced is also illegal.

MassResistance recently documented how the LGBT movement is working to leverage “transgender anti-discrimination” laws to force radical “gender indoctrination” on children in the nation’s public schools.

The manual includes legal definitions of terms, such as: Cisgender, Gender Identity, Gender Expression, Gender, Gender non-conforming, Intersex, Sex, Transgender. For example, “Gender Identity” is legally defined as

“. . . one’s internal deeply-held sense of one’s gender which may be the same or different from one’s sex assigned at birth. One’s gender identity may be male, female, neither or both, e.g., non-binary. Everyone has a gender identity. Gender identity is distinct from sexual orientation.”

Penalties. Violators can be fined up to $250,000 per violation. This can include employers, employees, and even members of the public at a public accommodation. In addition, the “victims” can be awarded “back and front pay, along with other compensatory and punitive damages.”

Potential victims have one year to file a complaint with the Commission and three years to file with the court system.

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About the Author

- Roxanne "Butter" Bracco began with the Dispatch as Pittsburgh Correspondent, but will be providing reports and insights from Washington DC, Maryland and the surrounding region. Contact Roxie aka "Butter" at [email protected] ATTN: Roxie or Butter Bracco

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