Prohibits discrimination based on gender identity or expression; defines "gender identity or expression" as having or being perceived as having a gender identity, self image, appearance, behavior or expression whether or not that gender identity, self image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth; further includes offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A747
SPONSOR: Gottfried (MS) 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 criminal offenses related to 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
ction
Sec. 2 Exec.§ 291(1)&(2) Equally of opportunity defined
as civil right
Sec.4 Exec.§ 295 (8)&(9) Division of Human Rights powers
and duties
Sec.5 Exec.§ 296 (1) Employers, licensing agencies,
employment agencies, and
labor organizations
Sec.6 Exec.§ 296(1-a) Apprenticeship training
programs
Sec. 7 Exec.§ 296(2) Places of public accomodation,
resort or amusement
Sec.8 Exec.§ 296(2-a) Publically-assisted housing
Sec.9 Exec.§ 296(3-b) Realtors representing thata
change has occurred or may
occur in the composition of
a neighborhood
Sec.10 Exec.§ 296(4) Nonsectarian education
corporations
or associations
Sec.11 Exec. § 296(5) Private housing accommodations
and commercial space,
keeping the
exemption for small,
owner-occupiedhousing.
Sec.12 Exec. § 296(9) Volunteer fire
department membership
Sec.13 Exec. § 296(13) Commercial boycotts
and blacklists
Sec.14 Exec. § 296-a(1),(2) & (3) Credit
Sec.15 Exec. § 296-b(2) Domestic worker harassment
Sec.16 Civil Rights § 40-c Civil rights
Sec.17 Educ. § 313(1) Education institutions,
without
affecting the rights of
religious education insti-
tutions
Sec.18 Educ. § 313(3) Unfair 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:
Neither federal nor state statutes ban discrimination based on gender
identity or expression in areas of employment, housing or public accom-
modations. Because sexual orientation and gender identity or expression
are different, courts generally have not interpreted sexual orientation
nondiscrimination laws to include transgender discrimination. Eighteen
states, the District of Columbia and Puerto Rico, and 157 cities and
counties in the United States including the cities of Albany, Buffalo,
Ithaca, New York, Rochester and Syracuse, and the counties of Albany,
Suffolk, Tompkins and Westchester have passed transgender-inclusive
civil rights legislation. This legislation would extend those
protections statewide.
PRIOR LEGISLATIVE HISTORY:
2003: A.8319-A reported to Rules
2004: A.8319-A referred to Governmental Operations
2005: A.7438 reported to Codes
2006: A.7438 referred to Governmental Operations
2007: A.6584 reported to Codes; S.3753 referred to Investigations and
Gov't. Operations
2008: A.6584-A passed Assembly; S.3753 referred to Investigations and
Gov't. Operations
2009: A.5710 passed Assembly; S.2406 referred to Investigations and
Gov't. Operations
2010: A.5710 passed Assembly; S.2406 referred to Investigations and
Gov't. Operations
2011: A.5039 passed Assembly; S.2873/S.6349 referred to Investigations
and Gov't Operations
2012: A.5039 passed Assembly; S.2873/S.6349 referred to Investigations
and Gov't Operations
2013: A.4226 passed Assembly; S.195 referred to Investigations and
Gov't. Operations
2014: A.4226-B passed Assembly; S.195-B referred to Investigations and
Gov't. Operations
2015: A.4558-B passed Assembly; S.61-B referred to Investigations and
Gov't.Operations
2016: A.4558-B passed Assembly; S.61-B referred to Investigations and
Gov't. Operations
2017: A.3358 passed Assembly; S.502 defeated in Investigations and
Gov't.Operations
2018: A.3358 passed Assembly; S.7010 defeated in Investigations and
Gov't Operations
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.
