Friday, June 3, 2016

NYC Says There Are No Longer Just Males and Females

In May of this year, the New York  City Commission on Human Rights announced a list of 31 new genders that are protected by New York City's anti-discrimination laws.  The list includes the terms "androgynous," "gender bender," "gender gifted," "third sex," "genderqueer," "gender fluid" and "pangender."  And the list is by no means intended to be "exhaustive."  I suppose they couldn't think of any other gender types at the moment.

This all comes within the scope of New York City Human Rights Law passed in 2005 known as the 2005 Civil Rights Restoration Act.  Apparently, the law needed updating, or at least further clarification, because such gender terms and different gender concepts were not within the contemplation of the legislators back in 2005, and so now the City wants to make clear who is protected.

The NYC Human Rights Law also requires employers and covered entities to use an individual’s preferred name, pronoun and title (for example, 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.

Be careful employers:  the penalties for violating the law are harsh:  $125,000 for each violation or $250,000 if the discriminatory conduct is considered willful.

The times, they are a changin'....