Federal and State Protections

  • Title VII
    • Prohibits employment discrimination on the basis of sex
  • Title IX
    • Prohibits sex discrimination in educational setting that receive federal funding
  • HUD Regulation and Fair Housing Acgt
    • Prohibits sex discrimination in public housing (including shelters)
  • Affordable Care Act – 1557
    • Healthcare and health insurance non-discrimination provision – May 2016 rul comprehensively protects transgender people.

Housing Rights

  • NY allows LGBTQ individuals and same-sex couples to adopt.
    • The Center (www.gaycenter.org)
    • You Gotta Believe (www.yougottabelieve.org)
  • New York State does not require gender reassignment surgery to change gender markers or get a new birth certificate.
  • February 6, 2016: Governor Cuomo enacted a series of regulations to prevent the use of conversion therapy on LGBT minors. They ban public and private health insurers from covering the practice in NY state and also prohibits mental health facilities from conducting the practice on minors in NY state.
  • New York State Legislature voted on January 15, 2019 to ban conversion therapy on minors and Governor is expected to sign.
  • New York’s Sexual Orientation Non-Discrimination Act (SONDA)
  • Gender Expression Non-Discrimination Act (GENDA)
  • The Hate Crimes Act of 2000
  • The Dignity for All Students Act (DASA)
  • Many counties including New York and Westchester have non-discrimination ordinances protecting gender identity

Protects against discrimination and harassment based on race, national origin, religion, sex, sexual orientation and disability in areas of:

  • Employment
    • 4+ employees, unless domestic workers
  • Housing
    • Private or public
  • Education
    • Private only
  • Access to credit
  • Public accommodations

NYS HRL Trans regulation explicitly interprets the state Human Rights Law as follows:

  • Sex includes gender identity, gender expression, and transgender status
  • Disability includes “gender dysphoria or other condition meeting the definition of disability in the Human Rights Law
  • Supported by positive NYS court decisions that already considered TGNC people protected under the HRL
  • Not an executive order!
Unlawful for anyone in New York State to be discriminated against in employment, housing, credit, education and public accommodations because of their actual or perceived sexual orientation. SONDA, in combination with laws prohibiting discrimination based on marital status, together prohibit discrimination against same-sex couples in employment, housing, credit, education, and public accommodations
  • “Gender Identity” is added as a protected class in the areas of housing, employment and public accommodations.
  • Governor Cuomo signed a 2015 executive order that barred discrimination based on gender identity, and this legislations solidifies those protections.
  • This legislation has been put forward in the New York State legislature every year since 2003.
  • (a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or
  • (b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.

The Dignity for All Students Act (DASA)
(N.Y. Educ. Law Sections 10-18, 801-a)

  • Prohibits discrimination against, and harassment of, students based on actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex by school employees or other students on school property or at a school function.
  • Adults over 18 can alter their birth certificates to “X” so long as they attest via a form that the change “is to reflect my true gender identity.
  • No doctor’s note necessary.

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