Comments from the New York Civil Liberties Union on Proposed Regulation Section 466.13, I.D. HRT-27-19-00002-P
I. The Proposed Regulations Would Benefit From More Specific Examples of Prohibited Discrimination and Reasonable Accommodations.
(1) Deliberate Refusal to Use an Individual’s Self-Identified Name, Pronoun, or Title.
A covered entity’s deliberate refusal to use an individual’s selfidentified name, pronoun, and gendered title constitutes a form of prohibited discrimination where the refusal is motivated by the individual’s actual or perceived gender or disability and creates a hostile environment or constructive denial of service. This is the case regardless of the individual’s sex assigned at birth, anatomy, gender, medical history, appearance, or the sex indicated on the individual’s identification. Asking someone in good faith their name or which pronoun they use is not a prohibited form of discrimination.
a. Examples of violations.
i. Deliberately calling a transgender woman “Mr.” after she has made clear that she uses female titles. Deliberately using the pronoun “he” for a non-binary person who is perceived as male but has indicated that they identify as nonbinary and use the pronouns “they,” “them,” and “theirs.”
(2) Refusing to Allow Individuals to Use Single-Gender Facilities or Participate in Single-Gender Programs Consistent with their Gender Identity.
a. Examples of violations.
(3) Imposing Different Dress or Grooming Standards Based on Gender.
(4) Providing Unequal Employee Benefits Based on Gender.
(5) Revealing a Person’s Transgender or Gender Nonconforming Status Without Their Consent.
(6) Using Gender to Justify Refusing a Request for Accommodation.
II. The Proposed Changes Are Necessary: New Yorkers Continue to Experience High Rates of Discrimination Based on Gender Identity and Expression.
III. The Division Has the Authority to Include the Proposed Changes in its Final Regulation.
IV. Conclusion
1 The regulation is codified in Sections 2-01 (Definitions) and 2-06 (“Prohibition on Discrimination Based on Gender”) of title 47 of the Rules of the City of New York, available at http://rules.cityofnewyork.us/sites/default/files/adopted_rules_pdf/cchr... w_1.10.2019.pdf.