New York state increases protections for transgender employees

New York state Gov. Andrew Cuomo has announced new regulations that ban employers — including Syracuse University — from discriminating and harassing transgender people.

Cuomo became the first executive in the United States to issue statewide regulations prohibiting harassment and discrimination on the basis of gender identity, transgender status or gender dysphoria, according to a release from Cuomo’s office.

The governor’s most recent announcement — made on Jan. 20 — upholds that transgender individuals are protected under New York state’s Human Rights Law, according to the release.

All public and private employers, housing providers, businesses, creditors and others should know that discrimination against transgender people is “unlawful and will not be tolerated anywhere in the state of New York,” according to the release.

“Today we are sending the message loud and clear that New York will not stand for discrimination against transgender people,” Cuomo said in the release. “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.”

New York state was the first in the U.S. to enact an anti-discrimination Human Rights Law, according to the release. The law, which was enacted in 1945, affords every citizen “an equal opportunity to enjoy a full and productive life,” according to the release.

People 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, according to the release. Those complaints are then investigated at regional offices throughout the state.

Under New York state law, the Division of Human Rights has the authority to spread regulations interpreting the Human Rights Law, according to the release.

These 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 people, according to the release.

If the Division of Human Rights determines probable cause for harassment or discrimination, the Commissioner of Human Rights will decide the case after a public hearing and may award employment, housing or other benefits; back and front pay; compensatory damages for mental anguish; and civil fines and penalties, according to the release. The commissioner may also require policy changes and training as appropriate, according to the release.

Civil fines and penalties can be up to $50,000 or up to $100,000 if the discrimination is found to be “willful, wanton or malicious,” according to the release. Unlike under federal law, compensatory damages to individuals are not capped.