Part of the problem is how harassment is defined. If I have an employee that I don't interact with very often that looks 100% male, but identifies as female and I call her "him" once, is that harassment? What if I'm not aware that she identifies as female and I use a male pronoun, is that harassment? What if I forget 8 months down the road and accidentally use another male pronoun? Hate speech? I'm terrible with names, much less any of the 58 new gender identities; if I make the same mistake 3 times in a year, is that hate speech? Discrimination? Does it matter that I'm not intending to harass anyone, but an employee feels harassed for me using the wrong gender pronoun once every four months after 40+ years of speaking English where there were only two genders? Should I, as a manager, be forced before a human rights tribunal for accidentally misidentifying am employee more than once? Where is the cut-off?
This isn't even getting into the area of gender fluid people that feel like different genders at different times? If someone is fluid and I use their PGP from the last time I interacted with them, is that hate speech? What if I use the last gender identity they used when we talked last, but they've changed 3 times in a month? Three instances of misidentifying them in one month; hate speech? Discrimination? Will I have to check a website of my 100+ employees on a daily basis to see what their identity is in order to not harass anyone?
If I make employee handbooks that previously had "his/her", is it promoting hate speech if I don't include the 56 other gender identities? Can an employee argue that I am systematically discriminating against "them" by not including two-spirit pronouns in all printed company materials? What if it's like the New York law, where the list is theoretically infinite?
Sure, this is theoretical and hyperbole, but, wow...