CLICK HERE, for an earlier article on amending both the Canadian Criminal Code and Human Rights Code for ”gender identity or expression”.
2. New York City
CLICK HERE, for the link to the NYC Human Rights Commission.
The document is a very long one, but let’s start with the first topic: misnaming or misgendering someoneone.
1. 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 (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.
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. 10 Many transgender and gender non-conforming people choose to use a different name than the one they were given at birth.
All people, including employees, tenants, customers, and participants in programs, have the right to use their preferred name regardless of whether they have identification in that name or have obtained a court-ordered name change, except in very limited circumstances where certain federal, state, or local laws require otherwise (e.g., for purposes of employment eligibility verification with the federal government). Asking someone their preferred gender pronoun and preferred name is not a violation of the NYCHRL
And the penalties for this?
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. The Commission may consider the lack of an adequate anti-discrimination policy as a factor in determining liability, assessing damages, and mandating certain affirmative remedies.
Yes, a potential $250,000 fine for misgendering someone.
Incidently, New York now recognizes 31 genders. Not a joke.
1439.50. For the purposes of this chapter, the following definitions shall apply:
(a) “Gender expression” has the same meaning as defined in Section 51 of the Civil Code.
(b) “Gender identity” means a person’s identity based on the individual’s stated gender identity, without regard to whether the self-identified gender accords with the individual’s physical appearance, surgical history, genitalia, legal sex, sex assigned at birth, or name and sex, as it appears in medical records, and without regard to any contrary statement by any other person, including a family member, conservator, or legal representative. An individual who lacks the present ability to communicate his or her gender identity shall retain the gender identity most recently expressed by that individual.
Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Under existing law, a person who violates the act, or who willfully or repeatedly violates any rule or regulation adopted under the act, is guilty of a misdemeanor. Existing law also provides for civil penalties for a violation of the act.
So, just in case you are wondering, yes, it would be an actual offence. To be fair, it is being challenged in court.
CLICK HERE, got the tedious guidelines for awarding costs.
The Commission recognises that terminology can have a profound impact on a person’s identity, self-worth and inherent dignity. The use of inclusive and acceptable terminology empowers individuals and enables visibility of important issues.
The Commission supports the right of people to identify their sexual orientation and sex and/or gender as they choose. The Commission also recognises that terminology is strongly contested, particularly terminology to describe sex and/or gender identity. The consultation revealed that there is no clear consensus on what is appropriate terminology in this area.
This report uses the phrase ‘gender identity’ in two specific contexts. First, international human rights discourse often uses the phrase gender identity. Second, many state and territory laws use a variation of this phrase. As a result, the phrase ‘gender identity’ is used when referring to international human rights agreements or state and territory laws.
This report also frequently uses the phrase ‘sex and/or gender identity’. This term is used to refer to the whole spectrum of sex and/or gender in our community. It aims to include all people regardless of whether they identify within or outside of the binary gender.
5. New Zealand
CLICK HERE, for the list of things you can complain about.
The Human Rights Act 1993 makes it unlawful to discriminate based on:
Sex – includes pregnancy and childbirth, and discrimination against transgender and intersex people because of their sex or gender identity.
Marital status – includes marriages and civil unions that have ended.
Religious belief – not limited to traditional or mainstream religions.
Ethical belief – not having a religious belief.
Colour, race, or ethnic or national origins – includes nationality or citizenship.
Disability – including physical, psychiatric, intellectual or psychological disability or illness.
Age – people are protected from age discrimination if they are over 16 years old.
Political opinion – including not having a political opinion.
Employment status – being unemployed, on a benefit or on ACC. It does not include being employed or being on national superannuation.
Family status – includes not being responsible for children or other dependants.
Sexual orientation – being heterosexual, homosexual, lesbian or bisexual.
These grounds apply to a person’s past, present or assumed circumstances. For example, it is unlawful to discriminate against someone because they have a mental illness, had one in the past, or someone assumes they have a mental illness.
The prohibited grounds for discrimination are covered in detail in part two of the Human Rights Act.
The ECHR refers to the European Court of Human Rights
1. Everyone has the right to respect for his private and family
life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms
CLICK HERE, for an absurd article that tries to erase biology altogether.
Note: While laws and punishments do vary, this stupidity is pushing the limits of tolerance and accomodation. It causes people to be openly contrarian, especially when discussion of these topics leads to stigmatizaion.
While there is legitimate concern and sympathy for trans-people, laws like these have the unintended consequence of being weaponized against undeserving targets.