This case involves a female to male transgendered person who was harassed for 4 months in the workplace. His hours were reduced and was subsequently fired. He filed suit on grounds of harassment. The defendant said that the plaintif was not protected under NYS law because the legislation does not specifically mention transexual or transgender, and moved for dismissal.
The NY Supreme Court judge has ruled that the GLB protection legislation does infact include transgendered individuals.
Major milestone, especially for me!
Chaunte
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Thu Aug 17, 2006 9:27 am (PST) As the article states, they seem to be using "transgender" as being
synonymous with "transsexual."
From the NY Law Journal
Court Rules State Law Protects Rights Of Transgendered 08-17-2006
A state court has held in an apparent case of first impression that New York state's Human Rights Law protects transgendered individuals.
"Transgendered persons are either male or female," Westchester Supreme Court Justice Joan B. Lefkowitz held in Buffong v. Castle on the Hudson, 11634/05.
"Case law supports the view that a transgendered person states a claim pursuant to New York State's Human Rights Law on the ground that the word 'sex' in the statute covers transsexuals."
(Edited for brevity.)
"Unlike the New York City Human Rights Law which specifically includes transgendered persons . . . the New York State Legislature has not adopted proposed legislation that would accomplish that fact," she (Supreme Court Justice Lefkowitz) wrote.
"Nonetheless, prior to amendments to the New York City Code to specify transgendered persons as included persons, the courts had held that the prior definition, similar to the State definition . . . did cover transgendered persons."
Justice Lefkowitz concluded, "This Court agrees that plaintiff's claim falls within the liberal interpretation to be accorded to the New York State Human Rights Law."
(The plaintiff's) attorney Mr. Ginsberg said yesterday, "This decision makes clear that transgendered and transsexual individuals are protected from discrimination in the work place."
