Saturday, December 19, 2009

NY Gov Issues Order Protecting Public Employees On Gender Identity

Governor David Paterson of New York signed executive order No. 33 protecting state employees from discrimination based on gender identity on Wednesday.

The New York Times said:

Though state antidiscrimination law includes gay men and lesbians, it is silent on the issue of transgender people. And while Mr. Paterson’s order will not have the sweep of a statute enacted by the State Legislature because it will apply only to state agencies, gay and transgender rights advocates said it would be a first step toward including gender identity and expression protections in state law.

Advocates for transgender people have succeeded in winning broad antidiscrimination protections in a number of cities throughout the state, including New York, Buffalo, Albany and Rochester. But efforts to add similar protections to state law have so far fallen short. The Assembly has passed a transgender antidiscrimination bill, but the Senate has refused to vote on the issue.

Human Rights Campaign provided background information on the move:

An executive order prohibiting discrimination in state employment is the furthest extent to which any governor is able to exercise his or her executive power. Extending protections to private employees must be accomplished by the state legislature. New York joins eight other states in which an executive order, administrative order, or personnel regulation prohibits discrimination against public employees based on sexual orientation and gender identity: Delaware, Indiana, Kansas, Kentucky, Maryland, Michigan, Ohio, and Pennsylvania.

In addition, twelve states and the District of Columbia prohibit full employment discrimination on the basis of sexual orientation and gender identity: California, Colorado, Illinois, Iowa, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. Nine more states, including New York, prohibit employment discrimination based only on sexual orientation. For an electronic map showing where employment non-discrimination stands in the states, please visit: www.HRC.org/State_Laws.

Now, the Governor says that the New York State Senate should hurry up and pass GENDA already (which would add gender identity or expression to the list of categories which private employers are prohibited from practicing discrimination).

Hat/tip Rod 2.0.

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