The NYCHRL [New York City Human Rights Law] requires employers[, landlords, and all businesses and professionals] to use an [employee’s, tenant’s, customer’s, or client’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. [Footnote: Ze and hir are popular gender-free pronouns preferred by some transgender and/or gender non-conforming individuals.] …
Examples of Violations
a. Intentional or repeated refusal to use an individual’s preferred name, pronoun or title. For example, repeatedly calling a transgender woman “him” or “Mr.” after she has made clear which pronouns and title she uses …
Covered entities may avoid violations of the NYCHRL by creating a policy of asking everyone what their preferred gender pronoun is so that no individual is singled out for such questions and by updating their systems to allow all individuals to self-identify their names and genders. They should not limit the options for identification to male and female only.
So people can basically force us — on pain of massive legal liability — to say what they want us to say, whether or not we want to endorse the political message associated with that term, and whether or not we think it’s a lie.
We have to use “ze,” a made-up word that carries an obvious political connotation (endorsement of the “non-binary” view of gender). We have to call people “him” and “her” even if we believe that people’s genders are determined by their biological sex and not by their self-perceptions — perceptions that, by the way, can rapidly change, for those who are “gender-fluid” — and that using terms tied to self-perception is basically a lie. (I myself am not sure whether people who are anatomically male, for example, but perceive themselves as female should be viewed as men or women; perhaps one day I’ll be persuaded that they should be viewed as women; my objection is to being forced to express that view.) We can’t be required to even display a license plate that says “Live Free or Die” on our car, if we object to the message; that’s what the court held in Wooley v. Maynard (1978). But New York is requiring people to actually say words that convey a message of approval of the view that gender is a matter of self-perception rather than anatomy, and that, as to “ze,” were deliberately created to convey that a message.
What’s more, according to the City, “refusal to use a transgender employee’s preferred name, pronoun, or title may constitute unlawful gender-based harassment.” The label “harassment” is important here because harassment law requires employers and businesses to prevent harassment by co-workers and patrons and not just by themselves or their own employees; this is particularly well established for harassment by co-workers, but it has also been accepted for harassment by fellow patrons. So an employer or business that learns that its employees or patrons are “refus[ing] to use a transgender employee’s preferred” pronoun or title would have to threaten to fire or eject such people unless they comply with the City’s demands. (The logic would also apply to landlords having to threaten to eject tenants who refuse to use co-tenants’ preferred pronouns or titles, but that’s less certain.)
But of course “ze” and “Ms./Mrs.” are just examples. We have to use the person’s “preferred … pronoun and title,” whatever those preferences might be. Some people could say they prefer “glugga” just as well as saying “ze”; the whole point is that people are supposed to be free to define their own gender, and their own pronouns and titles. Seems improbable that some people would come up with new terms like that? Well, 10 or 20 years ago it would have seemed pretty improbable that today New Yorkers would be required to call some people “ze.” Check out this list, which already includes “zie,” “sie” (not the German version), “ey,” “ve,” “tey,” “e,” “(f)ae,” “per” and “xe.” Why wouldn’t some creative folks decide they want to add still more?
Or what if some people insist that their title is “Milord,” or “Your Holiness”? They may look like non-gender-related titles, but who’s to say? What if someone decides that one of the 56 gendersis indeed especially noble or holy and that those really are...
