The New York City Commission on Human Rights (NYCCHR) confirmed to Heat Street on Thursday that it is currently investigating 31 cases of “gender identity” “discrimination” — alleged discrimination ‘based on an individual’s gender identity, self-image, behavior, or expression — in housing, public accommodations, and employment’. They can fine small businesses a crippling $250,000 – and up – for such an “offense”.
This comes two days after The Washington Post’s Eugene Volokh took issue with the constitutionality of legal guidance the NYCCHR issued on Dec. 21, 2015, which defines “[u]nlawful gender-based discrimination” to include a wide range of offenses, including the use of a non-preferred pronoun or title.
The relevant portion of the guidance defines the following as a violation:
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.