Prohibits discrimination based on gender identity or expression and includes offenses regarding gender identity or expression under the hate crimes statute

19 Co-sponsors

• Deborah Glick
• Daniel O'Donnell
• James F. Brennan
• Ronald Canestrari
• Vivian Cook
• Adriano Espaillat
• Ginny Fields
• Sam Hoyt
• Felix Ortiz
• Andrew Hevesi
• Matthew Titone
• Ann-Margaret Carrozza
• Hakeem Jeffries
• Micah Kellner
• Michelle Schimel
• Brian Kavanagh
• Kevin Cahill
• Steven Englebright
• Jeffrey Dinowitz

43 Multi-sponsors

• Marc Alessi
• Jeffrion Aubry
• Michael Benedetto
• Jonathan Bing
• William Boyland
• Joan Christensen
• Herman D. Farrell
• Michael Gianaris
• Timothy P. Gordon
• Aileen Gunther
• Earlene Hooper
• Rhoda Jacobs
• Ellen C. Jaffee
• Susan John
• David Koon
• Rory Lancman
• Charles Lavine
• Barbara Lifton
• Vito Lopez
• Donna Lupardo
• William Magnarelli
• Alan Maisel
• Margaret Markey
• John McEneny
• Joel Miller
• Joan Millman
• Amy Paulin
• Crystal Peoples-Stokes
• N. Nick Perry
• Audrey Pheffer
• J. Gary Pretlow
• Philip Ramos
• Naomi Rivera
• Annette Robinson
• Linda Rosenthal
• Teresa Sayward
• William Scarborough
• Albert A. Stirpe
• Robert Sweeney
• Fred Thiele
• Darryl Towns
• Harvey Weisenberg
• Keith L.T. Wright

BILL NUMBER:A5710A

Title of bill

An act to amend the executive law, the civil rights law and the education law, in relation to prohibiting discrimination based on gender identity or expression; and to amend the penal law and the criminal procedure law, in relation to including offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes

Purpose or general idea of bill

To prohibit discrimination based on gender identity or expression, and include offenses regarding gender identity or expression under the hate crimes statute.

Summary of specific provisions

Section 1 declare:; the legislative intent.

Section 3 adds new sub. 34 to sec. 292 of the Executive Law, defining of "gender identity or expression."

Other sections add "gender identity or expression" to list of factors that prohibit discrimination, as follows:

Existing Law Provisions of section or type of discrimination already prohibited

Sec. 2 Exec. §291 Equality of opportunity defined a a civil right

Sec. 4 Exec. §295 Division of Human Rights power,: and duties

Sec. 5 Exec. §296(1) Employers, licensing agencies, employment agencies, and labor organizations

Sec. 6 Exec. §296(1-a) Apprenticeship training programs

Sec. 7 Exec. §296(2) Places of public accommodation, resort or amusement

Sec: 8 Exec. §296(2-a) Publicly-assisted housing

Sec. 9 Exec. §296(3-b) realtors representing that a change has occurred or may occur in the composition of a neighborhood

Sec.10 Exec. §296(4) Nonsectarian education corporations or associations

Sec.11 Exec. §296(5) Private housing accommodations and commercial space, keeping the exemption for small, owner-occupied housing

Sec.12 Exec. §296(9) Volunteer fire department membership

Sec.13 Exec. §296(13) Commercial boycotts and blackliits

Sec.14 Exec. §296-a Credit

Sec.15 Civil Rights §40-c Civil rights

Sec.16 Educ. §313(1) Education institutions, without affecting the rights of religious education institutions

Sec.17 Educ. §313(3) Unfair educational practices

Sections 18 through 23 add "gender identity or expression" to the list of factors that can make a crime a "hate crime.'

Justification

The transgender community is not protected from discrimination under law. Transgender people whose gender identity, appearance, behavior or expression differs from their genetic sex at birth face discrimination in housing, employment, public accommodations and many other areas of life, and they are particularly vulnerable to hate crimes. Many people who supported SONDA (the Sexual Orientation Non-Discrimination Act) believed that it covered transgender discrimination. However, being transgender is not the same as being homosexual.

Prior legislative history

2003: A.8319-A reported to Rules; 2004: A8319-A referred to Governmental Operations; 2005: A.7438 reported to Codes; 2006: A.7438 referred to Governmental Operations; 2007: A.6584 reported to Codes; 2008: A.6584-A passed Assembly. 2009: A.5710 passed Assembly

Fiscal implications

Minimal fiscal impact.

Effective date

Thirty days after it shall have become la.w, except sections 18 through 23 will be effective on the first of November next succeeding the date on which it shall have become law.