Gender discrimination complaint sparks Newmarket Public Library policy review

Local mother advocating for legislation requiring all Ontario public institutions require gender inclusion policy

Yorkregion.com
Oct. 30, 2019
Teresa Latchford

Kayla Scott is taking a negative experience and flipping it into a positive that will benefit the entire community.

The Mount Albert mother brought her six-year-old daughter (whom she has asked not be named) to the Newmarket Public Library to register for a library card. With a handful of books, her daughter was excited to get a card. But that excitement was quickly overshadowed when a library employee asked what gender Scott’s daughter was and refused to accept she was a girl, and identified as such.

“My daughter was born as a girl and identifies as a girl but she dresses in boy clothing and enjoys wearing her hair short,” Scott said. “The librarian would not accept she was a girl, actually pointed at her and said ‘that is a boy’ and continued to address her as ‘he’ throughout the checkout process.”

Scott continued to correct the librarian, suggested she do some research on gender expression and requested to speak to her manager. Unsatisfied with the interaction with both and realizing there was a bigger issue of human rights not being upheld, she decided to request time to make a presentation at the next library board meeting.

“Could you imagine how a teen would feel being publicly outed and shamed at the library?” Scott said. “The library is supposed to be a safe space for everyone.”

Scott shared her experience at the library with the board members requesting that the library develop anti-discrimination policies that are inclusive of all types of gender expression; ensure all staff receive anti-discriminatory training; train, educate and design proper customer service complaint mechanisms; conduct a policy audit for human rights gaps and omissions; and recruit community members from organizations like PFLAG to sit on the board.

“I could have just filed a human rights complaint but I thought it would be more productive to educate and suggest some possible solutions,” Scott said. “Changes should be made so this doesn’t happen again.”

Through Scott’s research for her presentation, she discovered none of the libraries across York Region have a specific policy addressing gender inclusivity or gender expression. She applauds the City of Markham libraries for conducting specific training, but there is still no policy.

Since her presentation to the local library board, Scott has reached out to London North Centre MPP Terence Kernaghan, hoping he will introduce a private member's bill advocating for all public institutions to have such a policy.

"It’s so important that everyone, no matter their gender identity or expression, feel included, safe and welcome in our public spaces, including our libraries,” Kernaghan said. “My office has received this proposal, and we are looking into it.”

The Newmarket Public Library does recognize the York Region Inclusion Charter, which is an overreaching policy statement and insists the library is currently in compliance with all legislated policies required by the government, according to library CEO Todd Kyle.

However, Kyle confirmed that the library does not currently have a specific policy addressing gender inclusivity.

“When there is no employee training or policy laying out appropriate responses to specific situations, the employee cannot be disciplined,” he said. “This is a very rapidly progressing issue and ... there are improvements to be made.”

It is common practice to ask an applicant their gender when registering for a library card, he explained. The information is collected as statistical data to assess who is using the library, but according to Kyle, that information is rarely used.

Kyle was at the library board meeting when Scott presented her suggestions, which were well-received.

The library’s board of directors has directed Kyle to explore and review current policy for gaps or needed additions. He says the process will include community partners like PFLAG.

His report is expected back in November for review and discussion by the board members.

“She (Scott) has identified a gap where we can do better,” he said. “It is a change we are committed to making.”