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LABOR & EMPLOYMENT LAW — 12/17/09

New York governor signs EO protecting state workers from bias based on gender identity

On December 16, 2009, New York Governor David A. Paterson signed Executive Order (EO) No 33, which prohibits New York state agencies from discriminating against any individual on the basis of gender identity and expression in any matter pertaining to employment by the state. The EO directs the state’s Office of Employee Relations, in consultation with the Executive Director of the Division of Human Rights, to develop and implement clear and consistent guidelines prohibiting gender identity and expression discrimination by all State agencies.

“For generations, New York has been a national leader on civil rights, yet the state has lagged far behind in securing basic civil rights for transgender New Yorkers. I am proud to sign this important measure to not only bring workforce protection to the transgender community under the law, but to bring greater equality and civil rights to the State of New York,” Governor Paterson said. “From now on, transgender New Yorkers will be protected from discrimination because of who they are.”

Currently, 12 other states (California, Colorado, Illinois, Iowa, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington), the District of Columbia and many municipalities and counties - including the City of New York - have laws prohibiting discrimination on the basis of gender identity and expression by in employment.

The Government Accountability Office (GAO) has recently issued a report state statutes explicitly prohibiting discrimination in employment on the basis of sexual orientation and gender identity. Called Sexual Orientation and Gender Identity Employment Discrimination: Overview of State Statutes and Complaint Data, the report reviewed these state statutes, including their characteristics, coverage and exclusions, and gathered information concerning the number of administrative employment discrimination complaints filed in each state (both the total number and the number of complaints listing sexual orientation or gender identity as one of the claimed bases for discrimination). The administrative complaint data reported showed relatively few employment discrimination complaints based on sexual orientation and gender identity, according to the report. However, in some states, where the laws proscribing sexual orientation and gender identity employment discrimination were enacted relatively recently, the complaint data was incomplete.

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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