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February 04, 2023 - 7:00 PM
A non-binary gambler who rejected a $7,000 offer from a B.C. casino following a dispute over which washroom they used, has lost their case at the B.C. Human Rights Tribunal.
According to a Jan. 18 tribunal decision, Christopher Iversen, who identifies as non-binary, argued $7,000 wasn't enough and instead of accepting the offer from Gateway Casinos and Entertainment, took the case to the B.C. Human Rights Tribunal.
However, the Tribunal ruled against Iversen.
The case involves Iversen's use of the female bathroom at an unidentified Gateway Casino in March 2020.
According to Iversen at 5:30 a.m. after Iversen had been playing slot machines for "a long time", Iversen needed to use the washroom.
The men’s washroom was closed so Iversen used the women’s washroom.
Both sides have dramatically different versions of what happened next.
In the decision, Iversen says after using the washroom, security approached and asked to see identification.
Iversen claims to have then been "belittled" for "not being female" and told "according to your identification you are not female," and Iversen was accused of using the "wrong" washroom.
"(Iversen) says the casino manager also told them that 'anyone who is transgendered must report to the customer service desk at the entrance to ‘check in’ to use the ‘other’ washroom,'" the decision reads.
Iversen says they were then asked to leave.
However, "Gateway (Casino) has an entirely different version of events."
The casino says it received a complaint about someone who appeared to be a man using the women's washroom.
In the decision, the casino says it told Iversen there was a single, non-gender-specific washroom close by to use.
According to the casino, Iversen was "angry and agitated" and told them they knew "high-ranking people in government" and would "get rich" from the situation.
Iverson then threatened to sue the casino and call the media, the casino said.
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The casino says it didn't kick Iverson out but Iversen stayed writing notes and taking selfies and then after 10 or 15 minutes left.
Following the incident, the two parties tried to settle the issue through mediation but it failed, and the casino then offered a $7,000 settlement.
In the settlement, the casino said it would also update its policy and training and issue Iverson a letter of apology.
The casino told Iverson if they didn't accept the $7,000 settlement it would apply to have the case thrown out of the Human Rights Tribunal.
Iverson rejected the offer, but the Human Rights Tribunal also rejected the case.
The Tribunal ruled that the $7,000 offer was reasonable and that the case involves just a "single, relatively brief incident" and there weren't any identity-related insults, violence, or repeated harassment.
The Tribunal ruled there was a "strong public policy interest" for parties to resolve their dispute voluntarily.
"Given the Tribunal’s and the parties’ resources that would be expended, it does not further the purposes of the (B.C. Human Rights) Code to proceed to a hearing after a reasonable settlement offer has been rejected," the Tribunal ruled.
Iverson disagreed and says the case is "groundbreaking" and needs to go to a hearing otherwise other businesses may do the same.
The Tribunal disagreed and dismissed the case saying that proceeding with it would not further the purposes of the B.C. Human Rights Code.
It did, however, give Iverson two weeks to accept the $7,000 settlement from the casino.
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