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

17 Co-sponsors

• Toby Ann Stavisky
• Joseph P. Addabbo Jr.
• Neil D. Breslin
• Ruth Hassell-Thompson
• Liz Krueger
• Velmanette Montgomery
• Suzi Oppenheimer
• Kevin S. Parker
• José Peralta
• Bill Perkins
• John L. Sampson
• Diane J. Savino
• Eric T. Schneiderman
• José M. Serrano
• Daniel L. Squadron
• Antoine M. Thompson
• Eric Adams

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 the 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 declares the legislative intent.

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

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

EXISTING LAW PROVISIONS OF SECTION OR TYPE OF DISCRIMINATION ALREADY PROHIBITED

Sec. 2 Exec. Law §291 Equality of opportunity defined as a civil right Sec. 4 Exec. Law §295 Division of Human Rights powers and duties Sec. 5 Exec. Law §296(1) Employers, licensing agencies, employment agencies and labor organizations Sec. 6 Exec. Law §296(1-a) Apprenticeship training programs Sec. 7 Exec. Law §296(2) Places of public accommodation, resort or amusement Sec. 8 Exec. Law §296(2-a) Publicly-assisted housing Sec. 9 Exec. Law §296(3-b) Realtors representing that a change has occurred or may occur in the composition of a neighborhood Sec. 10 Exec. Law §296(4) Nonsectarian education corporations or associations Sec. 11 Exec. Law §296(5) Private housing accommodations and commercial space, keeping the exemption for small, owner-occupied housing Sec. 12 Exec. Law §296(9) Volunteer fire department membership Sec. 13 Exec. Law §296(13) Commercial boycotts and blacklists Sec. 14 Exec. Law §296-a Credit Sec. 15 Civil Rights Law §40-c Civil rights Sec. 16 Education Law §313(1) Education institutions, without affecting the rights of religious education institutions Sec. 17 Education Law §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 the recent 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: A.8319-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

Fiscal implications

Minimal fiscal impact.

Effective date

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