Rights Campaign) •Overview of New York State’s Human Rights Law •Gender Expression Non-Discrimination Act (GENDA) •DHR's Complaint Investigation Process
female, a blend of both or neither – how individuals perceive themselves and what they call themselves. One's gender identity can be the same or different from their sex assigned at birth.
relate to, the gender norms and/or rigid binary system associated with the male/female dichotomy. Non-binary people may identify as being both a man and a woman, somewhere in between, or as falling completely outside these categories. While many also identify as transgender, not all non-binary people do.
to more closely align their internal knowledge of gender with its outward appearance. Some people socially transition, whereby they might begin dressing, using names and pronouns and/or be socially recognized as another gender. Others undergo physical transitions in which they modify their bodies through medical interventions.
and/or expression is different from cultural expectations based on the sex they were assigned at birth. Being transgender does not imply any specific sexual orientation. Therefore, transgender people may identify as straight, gay, lesbian, bisexual, etc.
• Personal pronouns enable people to identify themselves • Using someone’s correct personal pronouns is a way to respect them and create an inclusive environment • It can be offensive to guess someone’s pronouns and use those pronouns if that is not how that person wants to be known
was the first state in the United States to have an anti- discrimination law. • The predecessor statute to the Human Rights Law was passed in 1945. • 2020 marked the 75th anniversary of the Law. • The Human Rights Law “shall be deemed an exercise of the police power of the state for the protection of the public welfare, health and peace of the people of this state, and in fulfillment of the provisions of the constitution of this state concerning civil rights.” -- Human Rights Law § 290.2
compensation based on a protected class •Discrimination in the terms, conditions and privileges of employment, including reasonable accommodation •Harassment because of a protected class •Advertisements or applications that indicate discrimination or limitation as to the candidates sought
lease housing based on a protected class •Discrimination in the terms, conditions or privileges of housing (including reasonable accommodation) •Harassment because of a protected class •Advertisements, applications or questions that indicate discrimination or limitation, or a preference for certain tenants
bars, theaters and all places of public entertainment, indoors and out •Hospitals and clinics •Medical and dental offices •Establishments dealing with goods and services of any kind, regardless of size •Public halls and public areas of any building
persons of a protected class by a public accommodation or by any of its owners, managers, agents or employees •Denial of any of the privileges or facilities of a public accommodation, directly or indirectly •Display of any notice or advertisement indicating that the place is not available to members of a protected class •Any other direct or indirect indication that persons of a protected class are unwelcome
(pre-kindergarten through high school, and continuing education) • Charter schools • Boards of Cooperative Educational Services (BOCES) • Public colleges and universities • Universal Pre-K, Head Start or other publicly funded pre- kindergarten programs • Private schools at all education levels (excluding those which are for profit, or run by a religious organization)
an applicant to a school or an educational program, if that individual is otherwise qualified for the school or program •To terminate a student from a school or an educational program, if that individual continues to be otherwise qualified for the school or program •To permit the harassment of a student or applicant because of any protected characteristic •To otherwise treat a student or applicant differently because of a protected characteristic
implementation of GEDNA, the HRL was amended to add gender identity or expression as an explicitly covered category •Gender identity has also been protected historically under the sex and disability provisions of the HRL as set forth in DHR’s regulations, found at 9 NYCRR 466.13 and on DHR’s website
expression” is defined in the new amendment as meaning “a person’s actual or perceived gender-related identity, appearance, behavior, expression or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender”. HRL 292.35
expression can include: •Questions about gender identity or expression, or assigned sex at birth, such as in a job or housing interview •Refusing to hire for a job, to rent an apartment or to allow equal access to credit, a public accommodation or a school •Terminating employment or housing •Denying the use of restrooms or other facilities consistent with a person’s gender identity •Forcing a transgender person to use a single-occupancy restroom because of someone else’s concerns
expression can include: • Requiring individuals to show medical or other documents in order to use facilities such as restrooms, locker rooms or residential facilities consistent with their gender identity • Requiring grooming, uniform or appearance standards based on sex stereotypes • Providing benefits, leave or reasonable accommodations that differ based on gender • Refusing to use an individual’s name or pronouns
• Alison was hired for a job at ABC organization and identifies as a woman. Her manager learns that Alison was assigned male at birth and begins referring to her as “he” to other co-workers. Alison’s manager says that he will use the correct pronouns if Alison “shows proof” of her identity.
• Daniel Smith is hired at XYZ corporation. The name associated with his social security number is a name he no longer uses because it is inconsistent with his gender identity. His employer refuses to assign an email account or issue business cards with the name Daniel until he obtains a court-ordered name change.
• Jessie was born intersex, identifies as male and uses “he/him/his” pronouns. When filling out paperwork for company-sponsored life insurance, Jessie indicated “N/A” instead of checking either male or female, as this is factually true and consistent with his birth certificate. The Human Resources manager, who reviewed the paperwork, told other employees about this, and began referring to Jessie “it” when discussing him with other employees.
an apartment and filled out the paperwork stating his name is Thomas. The landlord later learns that the sex assigned to Thomas at birth was female. The landlord threatens to evict Thomas, and also harasses him to try to get him to leave.
with a person’s gender identity Example: • Jordan is a high school student who is non-binary. Jordan would feel safest using the single sex bathroom assigned to girls. The school administration tells Jordan to use single-occupancy restrooms only.
order to use facilities such as restrooms, locker rooms or residential facilities consistent with their gender identity Example: • Adrian is a transgender woman who needs to attend a residential drug treatment program. The program requires Adrian to submit proof of transition-related medical treatment before it will assign her to the women’s rooms.
stereotypes Example: • Leah is a gender non-conforming woman. She works as a flight attendant at an airline that requires uniforms. The only available options are either pants, vest and tie or a dress and a scarf. Leah requests to wear the option that includes pants, vest, and a tie.
stereotypes Example: • A restaurant maintains a dress code for its customers that requires only men to wear ties and a jacket and requires only women to wear a dress or skirt.
on gender Example: • Jim is a transgender man and asks his employer for necessary medical leave for gender-affirming treatment. The employer denies the leave time, indicating a religious objection to “facilitating” Jim’s transition by providing the leave and the health insurance coverage for the treatment.
Without Their Consent Example: • Ben is a college student who identifies as a transgender man. He has not legally changed the name on his birth certificate but uses the name Ben as well as the pronouns he/him/his. The college produces a student directory with photographs and contact information. In the student directory Ben’s picture appears with the name given to him at birth, which appears on all formal records.
in a factory, whose co- workers sometimes make fun of her and call her names related to her transgender status. Luisa’s supervisors are aware of this harassment but tell her there is nothing they can do about it.
• A transgender woman, Anna Jones, has a medical appointment. She told the receptionist she uses the title “Ms.” and filled out her intake paperwork accordingly. When it is time for her to see the doctor, the nurse calls out for “Mr. Jones.”
Division investigate complaints promptly, to determine if the Complainant was discriminated against because of membership in a protected class. If DHR finds that discrimination occurred, remedies may include: • reinstatement to a job, with back pay; • provision of housing or access to public accommodation; • compensation for mental anguish; • an order to cease the discriminatory policies; • a requirement that training be conducted; • civil fines and penalties.
Final Order to state court, where the cases are heard in the Appellate Division. •Complainant may have private counsel, or a Division attorney submits a brief and appears in court to defend the Commissioner’s Order where discrimination is found to have occurred. •The Division will also seek court enforcement of the Commissioner’s Order, should a respondent fail to comply with the terms of the Order.
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