Advocacy
YOU CANNOT BE FIRED FOR WHO YOU ARE.
On June 15, 2020, The US Supreme Court ruled to protect the rights of LGBTQ+ people to work without fear of being fired or discrimination because of their sexual identity, gender identity, and gender expression. This 6-3 ruling said Title VII of the Civil Rights Act of 1964, which makes it illegal for employers to discriminate because of a person’s sex, among other factors, also covers sexual orientation and transgender status.
Across the nation, 21 states already have their own laws prohibiting job discrimination based on sexual orientation or gender identity, with seven provide that protection only to public employees. While those laws remain in force, today’s ruling means federal law now provides similar protection for LGBTQ employees in the rest of the country. We are grateful for partners like the @ACLU for their role in arguing this case.
This landmark win follows on the heels of last week’s rollback of health care protections for transgender health and the murder of two transgender women of color, reminding us to celebrate the success of this ruling but our work must continue to push towards complete equality and equity for all in queer communities.
Action-Item Alert:
Text “WALK” to 504-09 support the #WalkignWhileTrans Repeal
Working alongside elected officials, community activists, and policy leaders, the NEW Pride Agenda advocates on behalf of the LGBTQ community regarding New York’s budget and legislative priorities.
Reform Policy Watchlist
Repealing Section 50-A (A10611/S8496) PASSED
Makes complaints against officers, as well as transcripts and final dispositions of disciplinary proceedings available to the public. Passed the Legislature on 6/10/2020.
State Troopers and Body Cameras (A8674A/S8493) PASSED
Requires state police wear body cameras.
Duty to Provide Medical Attention (A8226B/S6601B) PASSED
Police officers and other law enforcement representatives or entities have a duty to provide attention to the medical and mental health needs of individuals who are under arrest or otherwise in their custody.
Reporting Discharged Weapons (A10608/S2575B) PASSED
Requires a law enforcement officer or peace officer who discharges his or her weapon under circumstances where a person could be struck by a bullet to immediately report the incident to his or her superiors.
Office of Special Investigation (A1601C/S2574C) PASSED
Creates an office of special investigations within the Attorney General’s Office.
Law Enforcement Misconduct Office (A10002B/S3595C) PASSED
Establishes the Law Enforcement Misconduct Investigative Office within the Attorney General’s Office.
Eric Garner Anti-Chokehold Act (A6144B/S6670B) PASSED
Establishes the crime of aggravated strangulation for police officers who use chokeholds or similar restraint that cause serious physical injury or death.
Right to Monitor Act (A1360A/S3253A) PASSED
Affirms that a person not under arrest or in custody has the right to record policy activity and to maintain custody and control of that recording and of any property or instruments used to record police activities.
Penalty for Biased Misuse of Emergency Services (A1531B/S8492) PASSED
Amends civil rights law to makes it a hate crime when people calling 911 make a false accusation based on race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation. Senate and Assembly passed different versions of this bill.
STAT Act (A10609/S1830C) PASSED
Enacts the Police Statistics and Transparency (STAT) Act which requires courts to compile and publish racial and other demographic data of all low-level offenses including misdemeanors and violations. The bill also requires police departments to submit annual reports on arrest-related deaths for submission to DCJS, the Governor and the Legislature.
Single Occupancy Bathrooms (A5240A/S6479A)
Makes all single-occupancy bathrooms gender-neutral in school districts, charter schools, SUNY, CUNY, community colleges, restaurants, bars, commercial establishments, and state-owned or operated buildings.
COVID-19 Contact Tracing (A10500C/S8450C)
Provides for the confidentiality of contact tracing information
Budget Priorities
Develop a separate funding stream for the implementation of Gender Non-Discrimination Act (GENDA), which extends civil rights protections to all members of the LGBTQ community.
Double the LGBTQ Health and Human Services budget from approximately $5 to $10 million annually in next year’s Executive Budget.
Create Cabinet Interagency Task Force for implementation of GENDA/DASA across all state agencies.
Support full implementation of the Dignity for All Students Act (DASA), which encourages schools to share best-practices on bullying prevention.
NY State 2020-21 Legislative Priorities
The NEW Pride Agenda submitted memos of support to the state legislature for the following bills:
Walking While Trans
Repeals the section of the New York State Penal Law that prohibits loitering for the purposes of prostitution, the enforcement of which has consistently targetted cisgender and transgender women of color.
Hate Crimes Analysis & Review Act
Requires the New York State Division of Criminal Justice Services (DCJS) to collect demographic data on crime victims and alleged perpetrators. This data would include gender identity and expression, sexual orientation, race, ethnicity, among other identifiers.
Gay and Trans Panic Defense Ban PASSED
Limits a defendant’s ability to use one’s sexual orientation or gender identity as a defense for violent or criminal behavior. This bill passed both chambers of the state legislature and was signed into law by the Governor as Chapter 45 of the Laws of 2019.
The Child Parent Security Act PASSED
Lifts the ban on compensated gestational surrogacy contracts. New York is one of only two states that bans these agreements.
The Lesbian, Gay, Bisexual and Transgender Long-Term Care Facility Residents’ Bill of Rights
Makes it unlawful for a long-term care facility, including residential health care facilities, adult care facilities, and assisted living residences, to discriminate based on an individual’s actual or perceived sexual orientation, gender identity or expression or HIV status.
NY State 2020-21 Legislative Watchlist
The NEW Pride Agenda has the following bills on its State of New York watchlist:
Gender Recognition Act
Creates a streamlined, non-stigmatized and privacy-protective process for TGNCNB individuals to change the name and gender marker on their identification documents.
Comprehensive Sex Education
Requires comprehensive sexuality instructions that are age and developmentally appropriate for students in grades K-12.
Protecting Victims of Trafficking (A6983B/S4981B)
Amends the criminal procedure law to strengthen protections for victims of sex trafficking, labor trafficking, compelling prostitution, and trafficking in persons who are convicted of a range of offenses.
Student Suicide Prevention Act
Requires governing body of a local school district, BOCES, school or education department serving students in grades 7-12 to adopt a policy on student suicide prevention, intervention, school safety and crisis response.
Culturally Responsive LGBTQ Education Standards
Requires the Education Commissioner to promulgate rules for the implementation of a culturally responsive LGBTQ curriculum.
TGNCNB Parents and Child Custody Disputes (A861A/S432A)
Prevents a judge from prohibiting a parent from undergoing a gender reassignment when making a
determination in a child custody case.
LGBTQ History in NYS Education Curriculum
Instructs the Education Commissioner to establish an age-appropriate curriculum for school districts on the historical treatment of LGBTQ and gender non-conforming individuals.
PrEP and Insurance Coverage (A4962A/S34A)
Requires insurance coverage for PrEP/PEP.
Cyberbullying Task Force (A3057C/S8751)
Establishes a task force on cyber-bullying including gender identity and sexual orientation.