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

23 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Neil D. Breslin
• David Carlucci
• Leroy Comrie
• Martin Malavé Dilan
• Adriano Espaillat
• Michael Gianaris
• Jesse Hamilton
• Ruth Hassell-Thompson
• Brad Hoylman-Sigal
• Todd Kaminsky
• Timothy M. Kennedy
• Liz Krueger
• George Latimer
• Velmanette Montgomery
• Kevin S. Parker
• José Peralta
• Bill Perkins
• Gustavo Rivera
• James Sanders Jr.
• José M. Serrano
• Toby Ann Stavisky

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 declares the legislative intent.

Section 3 adds new Subdivision 35 to Section 292 of the Executive Law, defining "gender identity or expression."

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

Existing Law Section Description of Section

Sec. 2 Exec. § 291 (1)&(2)ÑEquality of opportunity defined Ñas a civil right

Sec. 4 Exec. § 295 (8)&(9)ÑDivision of Human ÑRights powers and duties

Sec. 5 Exec. § 296 (1)ÑEmployers, licensing agencies, Ñemployment agencies, Ñand labor organizations

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

Sec. 7 Exec. § 296 (2)ÑPlaces of public accommodation, Ñresort or amusement

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

Sec. 9 Exec. § 296 (3-b)ÑRealtors representing that Ña change has occurred Ñor may occur in the Ñcomposition of a neighborhood

Sec. 10 Exec. § 296 (4)ÑNonsectarian education corporations Ñor associations

Sec. 11 Exec. § 296 (5)ÑPrivate housing accommodations Ñand commercial space, Ñkeeping the exemption Ñfor small, owner-occupied Ñhousing

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

Sec. 13 Exec. § 296 (13)ÑCommercial boycotts and blacklists

Sec. 14 Exec. § 296-a (1),(2) & (3)ÑCredit

Sec. 15 Exec. § 296-b (2)ÑDomestic worker harassment

Sec. 16 Civil Rights § 40-cÑCivil rights

Sec. 17 Educ. § 313 (1)ÑEducation institutions, without Ñaffecting the rights Ñof religious education Ñinstitutions

Sec. 18 Educ. § 313 (3)ÑUnfair educational practices

Sections 19 through 24 amend various provisions of the Penal Law and the Criminal Procedure Law to add "gender identity or expression" to the list of factors that can make a crime a "hate crime."

Section 25 provides for an effective date.

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

2014: S195/A4226- REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS/Passed Assembly 2013: S195/A4226- REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS/Passed Assembly 2012: 56349/A5039- IGOV COMMITTEE DISCHARGED AND COMMITTED TO RULES/Passed Assembly 2011: S6349/A5039- Passed Assembly 2010: S2406/A5710 - CONSIDERED BY JUDICIARY COMMITTEE/Passed Assembly 2009: S2406/A5710 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS (Duane)/Passed Assembly 2008: S3753/A6584 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS (Duane)/Passed Assembly 2007: S3753/A6584 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS (Duane)/governmental operations reported and referred to codes

Fiscal implications

Minimal fiscal impact.

Effective date

Thirty days after it shall have become law, except sections 19 through 24 will be effective on the first of November next succeeding the date on which it shall have become law.