Governor Andrew Cuomo today
announced that the New York State Division of Human Rights has adopted new
regulations that ban discrimination and harassment against transgender people.
The regulations are effective today, and affirm that transgender individuals
are protected under the state’s Human Rights Law. All public and private
employers, housing providers, businesses, creditors and others should know that
discrimination against transgender persons is unlawful and will not be
tolerated anywhere in the state of New York.
These regulations were first
introduced by Governor Cuomo in October – marking the first time that any
Governor has issued statewide regulations to prohibit harassment and
discrimination on the basis of gender identity, transgender status or gender
dysphoria.
“Today we are sending the
message loud and clear that New York will not stand for discrimination against
transgender people,” said Governor
Cuomo. “It is intolerable to allow harassment or discrimination against
anyone, and the transgender community has been subjected to a second-class
status for far too long. This is an issue of basic justice and I am proud that
New York is continuing to lead the way forward.”
The state of New York has had
a long history of protecting the rights of transgender persons under the
provisions of the Human Rights Law. New York was the first state in the nation
to enact an anti-discrimination Human Rights Law. The Law, enacted in 1945,
affords every citizen “an equal opportunity to enjoy a full and productive
life.” Individuals who feel they have been harassed or discriminated against
can file complaints in state court, or with the New York State Division of
Human Rights, without charge. Those complaints are promptly investigated at
regional offices throughout the state.
Under state law, the Division
has the statutory authority to promulgate regulations interpreting the Human
Rights Law. The regulations confirm that the Division of Human Rights will accept
and process Human Rights Law complaints alleging discrimination because of
gender identity, on the basis of the protected categories of both sex and
disability, and provide important information to all New Yorkers regarding
unlawful discrimination against transgender individuals.
If the Division determines
there is probable cause to believe harassment or discrimination has occurred,
the Commissioner of Human Rights will decide the case after a public hearing,
and may award job, housing or other benefits, back and front pay, compensatory
damages for mental anguish, civil fines and penalties, and may also require
policy changes and training as appropriate. Civil fines and penalties can be up
to $50,000 or up to $100,000 if the discrimination is found be "willful,
wanton or malicious" and, unlike under federal law, compensatory damages
to individuals are not capped.
New regulations can be viewed here.
Source: Press Office,
Governor Andrew M. Cuomo
No comments:
Post a Comment