Employers and public workers are advised to avoid toilet, shower, and locker room “violations” by “providing private space within multi-user facilities for anyone who has privacy concerns.” They should also post a sign in all bathrooms, showers and locker rooms stating, “Under New York City Law, all individuals have the right to use the single-sex facility consistent with their gender identity or expression.”…. Examples of discrimination cited in the new ban include not allowing men “to wear wigs and high heels,” and, “Requiring all men to wear ties in order to dine at a restaurant.”

NEW YORK CITY – The New York City Commission on Human Rights has issued rules that fine employers for referring to transsexuals by their real gender.

The new “guidance” (“NYC Pronoun Ban”), which has power to levy hefty fines against “violators” who “discriminate,” is an extension of the New York City Human Rights Law, based on the city’s laws against gender discrimination.

Failing to use an individual’s preferred name or pronoun, under the new ban, will be considered a violation of New York City Human Rights Law, punishable by fines up to $250,000.

“Refusal to use a transgender employee’s preferred name, pronoun, or title (e.g., Ms./Mrs.) may constitute unlawful gender-based harassment,” the new NYC Pronoun Ban reads.

“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,’“ the new ban reads, “‘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.’“

Fines may be levied whether the man who wants to be called a woman, or the girl who wants to be called a boy, has legally changed their name or not.

Additionally, the new ban lists “refusing to allow individuals to utilize single-sex facilities and programs” as against New York City law, so boys may use girls’ toilets, showers, and locker rooms, and girls may participate in boys’ activities and programs. This policy has the force of law “regardless of their sex assigned at birth, anatomy, medical history, appearance, or the sex indicated on their identification.”

Such “discrimination” is “unlawful,” not only in single-stall bathrooms and showers, but in group facilities and locker rooms. “Forcing a transgender or gender non-conforming person to use the single-occupancy restroom” is an example the NYC Pronoun Ban gives of illegal “discrimination.”

The NYC Pronoun Ban makes a special example of a women’s shelter, which may not “turn away” a man who identifies as a woman, or a men’s shelter which “may not deny service” to a woman who wants to be male. Critics point out obvious dangers for the safety of shelter inhabitants, such as a battered women’s shelter, inherent in the application of this policy.

“The New York City Commission on Human Rights (the ‘Commission’) is the City agency charged with enforcing the New York City Human Rights Law,” the new ban reads.

A great deal of power is put in the hands of members of the Commission. “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 new ban clarifies, “These penalties are in addition to the other remedies available to people who successfully resolve or prevail on claims.”

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