Lambda Legal Commends New York State Division of Human Rights for Proposed Gender Identity Nondiscrimination Rule, Suggests Improvements

Lambda Legal today submitted comments and suggested changes to New York State’s Division of Human Rights regarding a proposed gender identity nondiscrimination rule, under New York’s Human Rights Law.

Omar Gonzalez-Pagan, Lambda Legal Staff Attorney, said:

The Division’s Proposed Rule explicitly barring discrimination on the basis of gender identity, gender expression and gender dysphoria is a welcome and long-overdue step to combat the high rates of discrimination, harassment and stigma faced by transgender and gender-nonconforming people in New York. However, the Proposed Rule can be further improved to clearly spell out that all transgender and gender-variant people in New York are protected from discrimination in all aspects of life.

New York has long had a commitment to eliminating discrimination and assuring its people equal access and opportunity to all within its borders. We urge the Division to adopt a final rule, in accordance with our recommendations, that guarantees transgender and gender-nonconforming New Yorkers an equal opportunity to enjoy a full and productive life within New York State.

The rule, announced by Governor Cuomo in October, is designed to clarify that New York State’s Human Rights Law’s prohibition on sex discrimination encompasses discrimination on the basis of gender identity, gender expression, transgender status or sex stereotypes.

In its comments, Lambda Legal:

• advocated for a clearer and more inclusive definition of sex and gender identity in the language of the final rule;
• recommended that the Division further clarify the definition of disability to ensure protection from discrimination on the basis of gender dysphoria, whether actual or perceived;
• pressed the Division to make clear that access to single-sex facilities is to be determined on the basis of an individual’s gender identity; and
• strongly urged the Division to reject any request for a religious exemption or limitation to be included in the final rule.

“The adoption of any religious exemption or limitation would severely undermine the purpose and effectiveness of the Human Rights Law,” the comments said.

Read the press release.