WEST VILLAGE — Transgender New Yorkers have new protections against harassment and discrimination, thanks to changes made to the regulations of the state's Division of Human Rights.
The Division of Human Rights, or DHR, has added gender identity to the list of protected categories under the state's Human Rights Law, which previously prohibited discrimination against and harassment of New Yorkers based on their age, race, nationality, sex, sexual orientation, marital status or disability.
"Gender dysphoria is a recognized medical condition related to an individual having a gender identity different from the sex assigned at birth," the new regulations state.
The rules now specifically cover transgender New Yorkers by including a definition of a transgender person as someone "who has a gender identity different from the sex assigned to that individual at birth."
The last time the law was changed was in 2003, when the Sexual Orientation Non-Discrimination Act was passed, adding sexual orientation to the protected categories. It was also extended that year to include military status as a protected category as well.
The law applies to discrimination in getting or keeping a job, apprenticeship or training, purchasing or renting a home or commercial space, obtaining or using a line of credit, and attending or working at non-religious, tax-exempt educational institutions.
It also applies to treatment in places meant to be open to the public, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools and day care centers.
This means that transgender New Yorkers who are discriminated against by landlords, employers, schools, banks or in any of those spaces can now file complaints with the Division of Human Rights.
Complaint forms are available online, and must be notarized, which the DHR will do at their office for free. (A map of all of their offices is available online.)
The DHR investigates the complaints it receives, and people who feel they have experienced discrimination or harassment are encouraged to include copies of documents that could help in the investigation. (The DHR advises complainants to keep copies of all papers submitted.)
The investigation can take six months, sometimes longer.
If DHR finds probable cause of discrimination, the complaint proceeds to a public hearing.
The person who filed the complaint is allowed to hire their own attorney, but if they don't, DHR provides an attorney who represents the state. The hearings can take a single day or more.
If the hearing finds discrimination occurred, DHR can order the discriminating party to pay damages and back pay. A Compliance Investigation Unit is tasked with making sure the respondent pays within one year.
