In New York State, sex discrimination protections extend to transgender
persons, and “gender dysphoria” is a protected “disability” under the Human
Rights Law. Employers may not discriminate against individuals because of
sex, including gender identity and transgender status. Accordingly, we
have given advice to employers regarding how to make restrooms available for
employees who identify as transgender.
On March 28, 2016, Governor Cuomo signed Executive Order No. 155
prohibiting state funded or state sponsored travel to North Carolina. The
ban follows North Carolina’s enactment of a law banning transgender individuals
from using restrooms appropriate to their gender identity. The Executive
Order shall be in place “so long as there is law in effect there that creates
the grounds for discrimination against LGBT citizens…” Link to Executive Order
This follows a similar ban against Indiana by the Governor in 2015 when the
state passed a controversial religious freedom measure that did not prohibit
discrimination against the LGBT community. That law was later amended.
Governor Cuomo stated “In New York, we believe that all people – regardless
of their gender identity or sexual orientation – deserve the same rights and
protections under the law.”
The Governor’s move should remind employers of the importance of ensuring
that their workplace has adequate restroom facilities to accommodate
transgender employees. For additional information about proposed
legislation related to transgender employees, please see my recent blog entry,Link “Anti-Discrimination, Anti-Harassment,
Anti-Retaliation Policies: Best Practices,” dated November 20, 2015, and
the Client Alert from our practice group Link “New York Proposes Regulations Protecting
Transgender Individuals from Discrimination and Harassment in Employment,”
issued November 10, 2015.
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