People Processes: Do we have to cover gender reassignment? A Deep Dive into Gender Identity Discrimination

NY Assembly again passes Gender Non-discrimination Act — NEW YORK The New York State Assembly has again passed the Gender Expression Non-Discrimination Act (GENDA), Assembly Speaker Carl Heastie announced on May 7. The legislation would prohibit discrimination on the basis of gender identity or expression in considerations of employment, education and in consumer credit and housing. The bill would also add offenses motivated by gender identity or expression to the hate crimes statute (A.3358, Gottfried). “The Assembly Majority believes that everyone has the right to live free of harassment and discrimination,” said Speaker Heastie. “This legislation extends clear legal protections to individuals who have been left vulnerable for far too long.” “Transgender people—whose gender identity, appearance, behavior or expression differs from their genetic sex at birth—face discrimination in housing, employment, public accommodations and other areas of life, and they are particularly vulnerable to hate crimes,” said Assembly Member Richard N. Gottfried, Assembly sponsor of GENDA. “It’s an embarrassment to New Yorkers that 19 states and the District of Columbia have enacted laws barring discrimination on the basis of gender expression or identity while GENDA can’t even get a vote in our State Senate. Adding gender expression and identity to the human rights and penal laws will give the community proper recognition, protection against repeal of the regulations, and add protection under the State’s Hate Crimes Law.” Nineteen states, the District of Columbia and at least 157 cities and counties in the United States, including the cities of Albany, Buffalo, Ithaca, Rochester, Syracuse and New York, and the counties of Albany, Suffolk, Tompkins and Westchester have passed gender-inclusive civil rights legislation. Today’s legislation would ensure that all transgender New Yorkers have secure, lasting protections against discrimination. Since 2008, the Gender Expression Non-Discrimination Act has passed the Assembly 10 times. “Today’s legislation would close a gap that has left many New Yorkers vulnerable for far too long,” said Assemblymember Deborah Glick. “Cities and counties all across the state have stepped up and recognized the importance of protecting transgender individuals from discrimination, and it is long overdue that the state guarantees these basic human rights for all transgender New Yorkers.” Although not specifically stated in the statutes, effective January 20, 2016, the New York State Division of Human Rights adopted a regulation—9 NYCRR 466.13—prohibiting discrimination and harassment against transgender individuals. The regulation clarifies how gender identity may constitute either sex discrimination or disability discrimination under the New York Human Rights Law (New York Executive Law, Article 15, Sections 290 through 301). The regulation specifies that discrimination on the basis of gender identity is sex discrimination. The term “sex” when used in the Human Rights Law includes gender identity and the status of being transgender. Prohibitions contained in the Human Rights Law against discrimination on the basis of “sex,” in all areas of jurisdiction where sex is a protected category, also prohibit discrimination on the basis of gender identity or the status of being transgender. Harassment on the basis of a person’s gender identity or the status of being transgender is “sexual harassment.” Assembly Bill 3358 proposes to amend the New York Executive Law, the Civil Rights Law and the Education Law to specifically prohibit discrimination based on a person’s “gender identity or expression.” It would also amend the Penal Law and Criminal Procedure Law to include offenses regarding gender identity or expression within...