Failure to Provide Goods and Services Based on Transgender Status

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Claims Against New York City Establishments for Discrimination Based on Transgender Status

According to the New York City Human Rights Law, no New York City establishment that is open to the public may discriminate against a person based on their gender identity, including their transgender status. Our experienced legal team protects the rights of transgender persons by filing claims against New York City establishments that refused to provide goods or services because of their transgender status. Civil claims are available for transgender persons in New York City who are the victims of harassment or discrimination by establishments based on their gender identity.

Legal Protections for Transgender Persons in New York City

City law recognizes a wide range of transgender classifications for those persons whose gender identity does not match the sex that they were born with. This means that an individual does not have to be in the process of or completed any gender transition surgery to qualify as a transgender person under city law. The 2002 Transgender Rights Bill supports and expands the rights of transgender persons in New York City alongside the New York City Human Rights Law. These protections are necessary for transgender people because they often face a range of discrimination and harassing behaviors when they attempt to access public accommodations, such as eating at a restaurant or going to a health clinic.

It is unlawful for a restaurant or business operating in New York City to refuse to provide goods or services to a transgender person due to discrimination against their gender identity. This means that a doctor cannot refuse to treat a patient upon discovering that they are transgender. In addition, a movie theater, restaurant, store or any other establishment cannot refuse to allow a transgender person to patronize the establishment because of their gender identity. Suggesting that a transgender person leave the premises without forcing them to do so is still a violation of New York City laws.

A New York City establishment may not restrict a transgender person from using the gender facilities of their choice. A transgender person may use the public facilities that align with their gender identity regardless of their appearance, and a New York business cannot prevent or convey an intent to prevent a transgender person from using the facilities of their choice even if their physical appearance may not align with their expressed gender identity. For example, a transgender woman is allowed to use the female restroom in any public establishment in New York City. She would also be permitted to attend classes or events that are open specifically for other female patrons.

New York City establishments are also required to use the pronoun or name of choice for a transgender person once that individual communicates their pronoun and name preference to the business. The transgender person does not have to have undergone a sex change or have legal proof of a name change in order for the business to be required to use the individual’s preferred pronouns. Refusal to do so by an employee or business owner is a form of discrimination against the transgender patron, and that individual has a legal discrimination claim against the establishment. It is also a violation of the law if a New York City establishment refuses to serve or accommodate a transgender person because the patron requests that they be referred to by a preferred pronoun or name.

Protecting Your Rights as a Transgender Person in New York City

If you or a loved one have experienced discrimination or harassment in a New York City establishment based on your transgender status, the law firm of Leeds Brown Law, P.C. is here to help. Call us today at 866-728-5015 to discuss your potential case and learn how our skilled advocates can assist you in making sure that your rights as a transgender person are protected.

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