New York City Can Penalize Businesses Up to $250K for Using the 'Wrong' Pronouns and Names

ashley.rae | December 23, 2015

New York City has just enacted strict anti-discrimination guidelines in order to cater to less than one percent of the city’s population that is transgender or “gender non-conforming.”

The new guidelines released by the New York City Commission on Human Rights prohibit employers, landlords, and business owners from:

  • "Intentionally failing to use an individual’s preferred name, pronoun or title," such as using a so-called dead name
  • Refusing to allow a transgender individual from using the restroom that he or she feels he or she should be entitled to use by virtue of his or her gender identity
  • Enforcing gender-specific dress codes
  • “Failing” to provide health benefits that cover “gender-affirming care” and “reasonable accommodations” for individuals undergoing “gender transition”

According to the official website for the city, “Violations of the New York City Human Rights Law could result in civil penalties of up to $125,000 for violations, and up to $250,000 for violations that are the result of willful, wanton, or malicious conduct. There is no limit to the amount of compensatory damages the Commission may award to a victim of discrimination.”

The Gay Star News reports there are “an estimated 25,250 transgender and gender non-conforming people living in New York City.”

Given New York City’s population estimate of approximately 8.49 million as of July 2014, the “transgender and gender non-conforming” population is only approximately 0.30 percent of New York City’s population.