N.Y. governor’s executive order will expand transgender protections
Cuomo to issue regulations that expand legal protections based on sex to include gender identity and expression
Gov. Andrew Cuomo (D-N.Y.) plans to issue an executive order that will protect transgender individuals from discrimination in housing, employment, credit, education and public accommodations.
Under the new regulations, protections based on sex will be defined and expanded to include gender identity, gender expression and gender dysphoria. The move by Cuomo, announced at a gala for the LGBT organization Empire State Pride Agenda, comes after years of failed attempts to pass the state’s Gender Expression Non-Discrimination Act (GENDA) through the state legislature in Albany. While the state Assembly is run by Democrats, the Senate is run by Republicans who have worked in conjunction with a group of five conservative Democrats to defeat — or refuse to take up — any liberal pieces of legislation that come before the body, including LGBT-related bills.
“After years of tireless advocacy, we’ve won a tremendous victory for transgender civil rights with Governor Cuomo’s announcement tonight,” Nathan Schaefer, the executive director of Empire State Pride Agenda, said in a statement. “We look forward to working with the Administration to quickly implement these regulations so transgender New Yorkers are protected from discrimination — a basic civil right that is long overdue.”
New York law authorizes state agencies to issue regulations regarding the state’s nondiscrimination laws. The new regulations are based upon state and federal case law, including a 2012 decision in Macy v. Holder, in which the Equal Employment Opportunity Commission (EEOC) ruled that discrimination based on gender identity constitutes discrimination based on sex. The proposed regulations will go into effect after a public comment period of 45 days, after which people who feel they have been discriminated against may pursue legal action.
According to statistics from Empire State Pride Agenda, nearly 3 in 4 transgender New Yorkers have been harassed or mistreated in their place of work, more than half have been harassed or discriminated against in public accommodations, and nearly 1 in 5 have been denied housing because of their gender identity.
“This critically important step by Governor Cuomo is not only consistent with case law, but is the moral choice to protect thousands of transgender New Yorkers and visitors,” Chad Griffin, president of the Human Rights Campaign, said in response to Cuomo’s announcement. “We congratulate the Governor on his leadership and vision on LGBT equality which has and will continue to inspire the nation.”
Rebecca Isaacs, the executive director of Equality Federation, of which Empire State Pride Agenda is a member, hailed the new nondiscrimination protections. On behalf of her organization, she thanked Sen. Daniel Squadron (D-Brooklyn) and Assembly Member Richard Gottfried (D-Manhattan) for their advovacy and efforts to pass GENDA.
But Mara Keisling, the executive director of the National Center for Transgender Equality, pointed out that passing GENDA is still “necessary and urgent,” underscoring the fact that the expanded protections are only guaranteed to be enforced as long as Cuomo remains governor, and could be undone if a less LGBT-friendly administration were to come to power. Passing GENDA ensures that the aforementioned nondiscrimination protections would be enshrined in state law, leaving no ambiguity as to how employers and businesses are expected to treat transgender and gender-nonconforming individuals.
“This action today makes New York a safer place for transgender people,” Keisling said. “It makes it safer for transgender young people in school, transgender people trying to make a fair wage and support their families, and transgender people simply trying to live free from discrimination and violence. Despite recent positive media attention of the transgender community, the daily experience of a typical transgender person is still one of harassment, discrimination, and far too often, violence. We are hopeful that these actions by Governor Cuomo will improve the climate of New York workplaces, schools, and businesses and will make life better for transgender people.”
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