New York Leads the Way on Transgender Rights
And, of course, that’s precisely the headline that the N.Y. Slimes decided to use.
The regulations come after years of failed efforts to enact a state law. The State Assembly has passed an anti-discrimination bill called the Gender Expression Nondiscrimination Act, or Genda, eight times, but the Republican-controlled State Senate has repeatedly blocked it.
That’s actually an accurate statement.
Several cities and counties in New York have passed anti-discrimination laws protecting transgender people, but nearly 40 percent of transgender residents of the state, or about 23,000 people, live in areas without protection. And transgender people in New York face disturbingly high rates of discrimination: 75 percent have experienced workplace harassment, 53 percent have suffered discrimination or harassment in a public place like a restaurant, and 19 percent have been denied a house or an apartment because of their gender identity, according to a 2011 survey. Nationwide, transgender people are at high risk of unemployment and homelessness.
And so is that.
But after that, the train went off the tracks.
In the absence of an anti-discrimination law, Mr. Cuomo’s executive action offers much-needed protections quickly
Only for people who are already employed and might file suit regarding that current employment rather than any attempt to find employment elsewhere. The regulations will in theory also cover failure to hire but in practice never will. We all know how difficult (read: impossible) it is to prove up a failure to hire case, but those who push non-statutory solutions as a means to get trans people to shut up will not admit it. And they also will not admit that at the federal level and in most states (I presume New York is one, but I concede I don’t know for sure) the ‘know your rights’ posters that employers are required to conspicuously post mention the statutorily-enumerated categories of prohibited discrimination – not wishful-thinking (or even actual) administrative interpretations of ‘sex’ to include trans people. We all know that those posters do have an effect on the hiring process; employers who might otherwise be inclined to discriminate based on a prohibited characteristic are known to think twice before doing so – and, in fact, are known to, in the end, refrain from doing so.
We all know – but those who push non-statutory solutions as a means to get trans people to shut up will not admit – that the fake, never-proven-to-exist trans-inclusive administrative interpretation of statutory “sex” in Maryland benefited no one other than the Maryland Gay, Inc.-ers who conned legislators into leaving trans people out of Maryland’s civil rights statute. Even if the fake, never-proven-to-exist trans-inclusive administrative interpretation of statutory “sex” in Maryland had existed, no employer would have seen mention of it among the list of prohibited employment criteria…
leaving discriminated-against trans non-hires swinging in the ‘You’re going to try to file a failure to hire suit? Ha!’ breeze.
— the regulations will be posted for public comment by early November, and the governor’s office expects them to take effect by the end of the year. And, of course, the governor’s action does not preclude future legislative efforts.
Gay, Inc. will have congratulated itself and given itself raises, bonuses and promotions one second after the comment period is over. And the raises, bonuses and promotions are all that matter.
I won’t mention Matt ‘promoted from ESPA to NGLTF as a reward for signing off on 2002’s apartheid-lite SONDA’ Foreman by name.
And the N.Y. Slimes didn’t even mention the possibility that the New York Court of Appeals might look at the regs and say, ‘Nice try, Andy. Maybe you should have expended some political capital on some arm-twisting in the Senate to get a statute passed – because that’s what you needed.’
The new regulations set an important example for the country.
…of how states can continue to avoid following through on the promise (that we all knew was a lie) of actual ‘incremental progress.’
I won’t mention New York, New Hampshire, Wisconsin and Massachusetts (yes, Massachusetts – where the lesbian TERF owner of a business that is a public accommodation can legally prevent a trans person from entering said public accommodation in order to apply for consideration for employment that the lesbian TERF is legally prohibited from discriminating against the trans person in said consideration of) by name.
More than 30 states lack comprehensive anti-discrimination laws that protect transgender people.
Its those aforementioned four that I’m concerned about.
I have to be…
because I’m sure that the self-important trans glitterati (quislingerati?) who will fly in from around the country to squat in the five-bill seats (courtesy of Gay, Inc. patronage?) at Jennerstock on March 1 won’t be.