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WATCH: Non-binary waitress awarded $30,000 by Human Rights Tribunal for being ‘misgendered’

By Amy Eileen Hamm

The BC Human Rights Tribunal is at it again. In October, the tribunal awarded Jessie Nelson, a biological female restaurant server who uses “they/them” pronouns, $30,000 as “compensation for injury to their [sic] dignity, feelings, and self-respect.” The tribunal concluded that Nelson was discriminated against on the basis of gender identity and expression, which is prohibited by the BC Human Rights Code.

This ruling came from Devyn Cousineau, the same tribunal member who brought international notoriety to the BCHRT for entertaining discrimination claims against minority, immigrant women over their refusal to wax a trans woman’s testicles. Before the media scrutiny over the waxing cases, Cousineau referred to the waxing of the testicles of gender non-conforming biological males who identify as transgender as “critical gender-affirming care…

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