According to a study by the New York State Department of Labor, employment discrimination against transgender, gender nonbinary, and genderfluid people is “pervasive” in New York.
The Transgender Employment Study was established as a result of Gov. Kathy Hochul’s initiative in August 2022. According to Hochul’s office, the interview was the “first of its kind” and provided insights into the experiences of people with various gender identities at work.
The study found that these individuals had higher unemployment rates than their cisgender counterparts. Furthermore, their wages were even lower than those of transgender workers with similar qualifications.
Respondents also reported “genuine fear for workplace safety,” with people of color facing greater employment disparities.
Hochul stated that the study’s findings could enable officials to take action to address the identified issues.
According to Hochul, “New York State has a strong commitment to providing greater respect, stronger rights, and better opportunities for the LGBTQ+ community,” adding that her administration will continue to offer the necessary tools and protections for every New Yorker to live free from discrimination. New York remains dedicated to providing an inclusive and affirming workplace for all employees.”
Kiara St. James, leader of the New York Transgender Advocacy Group, emphasized that data collection is essential to understand the needs and priorities of marginalized communities.
St. James stated, “This is why I supported this study, to gather data on the employment of TGNCNB New Yorkers.” She hopes to create a future where people in the TGNCNB community have access to safer, more diverse, and affirming workplaces through her advocacy work.
Robert Vitelli, CEO of the New York LGBT Network, commented that the study’s findings were not surprising but having data is crucial in addressing the underlying issues.
Vitelli said, “This is what we’ve been hearing. Having something more regional and specific to New York State is beneficial.” His organization collaborates with businesses to conduct programs to educate employers about transgender inclusion.
The study’s results can help workplaces assess the level of training and efforts needed.
In January 2019, New York amended the state’s Human Rights Law with the passage of the Gender Expression Non-Discrimination Act, signed into law by former Governor Andrew Cuomo. It prohibits discrimination based on gender identity and expression in housing and employment.
The bill was passed annually for 11 years by the Democratic-led Assembly but was blocked in the Republican-controlled state Senate until Democrats regained control in 2018.
Since the implementation of the 2019 non-discrimination action, the New York Division of Human Rights has received over 1,200 complaints as of October, with 65% related to employment bias and allegations of gender identity discrimination or harassment.
New York also amended additional laws in 2021 to strengthen the rights of transgender people, including passing the Gender Recognition Act and repealing the “Walking While Trans” ban.
The study revealed that despite gender identity being a protected class under New York’s laws, some employers and employees are unaware of these legal protections. It found that transgender, gender nonconforming, and nonbinary individuals are more likely to pursue self-employment due to workplace discrimination.
Over 66% of transgender, gender nonconforming, or nonbinary individuals reside in New York City or Long Island, representing a large population downstate. The study also found that urban areas usually have more resources than remote regions, posing challenges for a community with lower incomes and higher rates of poverty.
The study recommended data collection on gender identity by governmental agencies and advocated for workforce development programs and anti-discrimination training across New York.
