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 — discrimination based on an individual’s gender identity, self-image, behavior, or expression — in housing, public accommodations, and employment.
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.
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.
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