"The Gender Expression Non-Discrimination Act, known as GENDA, is a bill that explicitly bans discrimination against transgender and gender non-conforming people in New York," civil rights violation lawyer David Perecman explained.
GENDA passed the New York State Assembly on April 30, said the New York Civil Liberties Union. The bill now goes to the Senate Investigations and Government Operations Committee.
http://www.nyclu.org/issues/lgbt-rights/transgender-rights
"As a strong advocates of civil rights, we are calling on the governor and the New York State Legislature to pass this anti-discrimination law," said David Perecman, founder of The Perecman Firm, one of New York's civil rights violation law firms. "Transgender people are being treated unfairly and they need the law on their side."
Currently, New York State civil rights laws prohibit discrimination based on a number of personal characteristics, including age, sex, religion, race, sexual orientation, ethnicity and disability. Transgender people are not protected from discrimination under current state law. New York civil rights lawyers at The Perecman Firm understand GENDA would change this, adding gender identity and expression to New York State's existing human rights laws, and prohibiting discrimination against transgender and gender non-conforming people in employment, education, housing, credit and public accommodations.
To advance their message, the New York Civil Liberties Union released a report titled "Advancing Transgender Civil Rights and Equality in New York: The Need for GENDA," that documents discrimination and harassment against transgender people.
The NYCLU report was released in advance of Equality & Justice Day on May 8. According to the NYCLU, sixteen states and a number of localities including Albany, Binghamton, Buffalo, Ithaca, New York City, Rochester and Suffolk counties, have passed anti-discrimination laws covering gender expression and identity.
New York civil rights violation lawyers at The Perecman Firm represent victims of discrimination and hate crime in New York. For more information, please contact The Perecman Firm at http://www.perecman.com.
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York civil rights violation, medical malpractice, personal injury, and auto accident lawyers at The Perecman Firm, PLLC have handled hundreds of New York civil rights violation cases, including job discrimination and workplace harassment. David Perecman, founder of the Firm, has been recognized for his achievements as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010. The prestigious U.S. News & World Report ranks The Perecman Firm among the top 20 personal injury firms in New York City for 2011-2012.
The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman won a $15 million verdict** for a construction accident (Index 112370/03), a $5.35 million dollar verdict*** for an automobile accident (Index 2749/04), and a $40 million dollar structured settlement for medical malpractice (Index 2146/03)****.
The Perecman Firm serves Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Westchester, Upstate NY, Morris County, and Rockland County.
**later settled while on appeal for $7.940 million
*** later settled for $3.5 million
**** total potential payout
"Lawyer Advertising"
"Prior results do not guarantee a similar outcome."
What GENDA Will Do
New York State human rights, civil rights and education laws currently prohibit discrimination on the basis of "age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or domestic violence victim status."39 GENDA will amend these laws to bar "unlawful discriminatory practices" on the basis of "gender identity or expression."40 GENDA will also add "gender identity and expression" to the list of biases that can lead to enhanced sentencing as enumerated in the Hate Crimes Act of 2000.41. This section of the report describes in more detail the specific discriminatory actions prohibited by current anti-discrimination law, and the impact GENDA will have on these laws. It also briefly considers the effect GENDA will have on existing hate crimes law.
Civil Provisions
- Employment: The Human Rights Law's sections on "Unlawful Discriminatory Practices" prohibit employers, employment agencies and unions from discriminating in their hiring, firing, promotions, training and advertising, among other things.42 Thus, when GENDA is enacted, an employer could not legally fire, refuse to hire or decline to promote an employee because that person identifies as, or is perceived as, being transgender or gender non-conforming.43
- Housing and Real Estate: Landlords, lessees and sellers of real estate, including public or subsidized housing and commercial real estate, may not refuse access to housing or property to anyone based on characteristics listed in the Human Rights Law, which, when GENDA is enacted, will include gender identity and expression.44 Similarly, real estate agents will not be able to legally refuse service to anyone based on their gender identity or expression.45 Prohibitions on discrimination in housing do not apply to buildings with only one or two units or if the owner also lives on the premises; this exemption will remain
- Public Accommodations: Most for-profit businesses, service providers, non-profit organizations and public areas are considered "public accommodations" under New York State law.47 Shops, parks, professional offices, restaurants, bus stations and entertainment centers, among other public venues, all fall under the Human Rights Law's definition of public accommodations.48 When enacted, GENDA will prohibit such places from denying services or access to facilities, or from otherwise treating people differently because of their gender identity or expression. GENDA will additionally ban businesses or public venues from indicating that they are not open to some people because of their gender identity or expression.49 Many transgender and gender non-conforming people face particular discrimination in access to health care. As clinics and hospitals fall within the definition of public accommodations, they will be required to treat patients for routine and specialized care regardless of gender identity or expression under GENDA (unless, of course, the patient's medical needs fall outside the medical professionals' areas of expertise).50 Health care professionals without training in health care specifically related to the medical and/or surgical transition process may refer patients with transition-related health needs to more qualified practitioners, but will not be allowed to refuse to provide routine care merely out of bias against transgender patients.51
- Education: State Human Rights Law bars discrimination in admissions to schools, colleges and universities or access to their classes or facilities.52 Thus, when GENDA is enacted, New York schools will not be allowed to deny admissions and
access on the basis of gender identity or expression. Similarly, GENDA's protections will prohibit all schools, public and private, from permitting the harassment of any student (by other students or by staff ) on the basis of gender identity or
expression.53 The Human Rights Law does, however, allow private religious schools to limit admission to students who share their religious denomination or faith.54 GENDA will not change this exemption.55
- Credit: Two separate sections of GENDA prohibit discrimination in financial matters and credit, including an outright ban on discrimination in the extension of credit.56 Invasive questions intended to reveal a person's gender identity in the
mortgage application process, and discrimination in lending and in considering sources of income for credit eligibility, also will be illegal under GENDA.57
- Other Civil Provisions: Emergency Workers: GENDA will require fire departments and related authorities to allow all qualified personnel to serve as volunteer firefighters without regard to their gender identity or expression.58 Civil Rights Law: GENDA will amend the general civil rights law to add a blanket prohibition on the infringement of one's civil rights and to ban the harassment of anyone based on gender identity or expression.59 GENDA's protections will prevent all schools, public and private, from permitting the harassment of any student on the basis of gender identity or expression.
The Need for GENDA - 13 unique nor unprecedented; news stories abound of attacks against transgender and gender non-conforming people in restrooms, regardless of whether the victim used a men's room or a women's room.93
Sadly, to avoid the discomfort and threats of harassment that too often follow transgender people to the bathroom, many routinely limit their fluid intake and the time they spend in public spaces altogether.94 It is not acceptable for anyone in our state to have to suffer such physical and emotional discomfort because others harbor myths and baseless fears about them.
GENDA will provide vital protection for transgender and gender non-conforming New Yorkers who face severe discrimination and harassment in their daily lives. Extending the same protections against discrimination in housing, employment, credit, education and access to public accommodations that other New Yorkers already enjoy will help to correct this injustice. We ask legislators to consider the following points as they work towards a decision about passing this comprehensive anti-discrimination law to address the epidemic of prejudice against transgender and gender non-conforming people. Transgender and Gender Non-conforming People Deserve Freedom from Harassment and Exclusion Based on Gender Identity and Expression. A person's gender is both intimate and central to individual identity, but it does not alter an individual's character, worthiness or right to live free from discrimination.
The discrimination experienced by transgender and gender non-conforming people causes very high rates of homelessness and unemployment, and limits access to health care. GENDA, like other civil rights laws, seeks to protect individuals from discrimination and to provide people who are subjected to discrimination with legal redress. Under this law, transgender and gender non-conforming people would have the same equal rights as all other New Yorkers. Like existing anti-discrimination laws, GENDA will only protect people against mistreatment. GENDA will not confer "special rights" on anyone, but would simply extend essential human rights protections to all New Yorkers. Ending Discrimination Is an Essential Civil and Human Right - An Issue that Merits the Support of Every Elected Leader in New York State. There can be no excuse for protecting some, but not all, New Yorkers from discrimination. Democrats and Republicans alike can recognize the need for basic human rights and equal opportunity in order to permit all New Yorkers to function as productive members of their communities.107 Codifying the rights of all people to work, find homes, use transportation and conduct business regardless of gender identity or expression ultimately benefits all New Yorkers. Both parties can and should unite in support of these much-needed civil rights protections.
Dialogue about GENDA has shown that there are many ways in which New York law can better ensure the safety and well-being of all of its citizens. Enacting protections for transgender and gender non-conforming people in the vital areas of employment, housing, public accommodations and education will help to correct a grave injustice. It is the responsibility of elected officials to correct injustices wherever they exist in our civil and criminal laws. Enacting GENDA will communicate that New York's leaders no longer tolerate the use of discriminatory animus to interfere with the ability of transgender and gender non-conforming people to live, work and contribute to our state.
There can be no excuse for protecting some, but not all, New Yorkers from discrimination.
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