Executive Summary
On August 10, 2022, Governor Hochul signed legislation tasking the New York State Department of Labor to gather employment metrics on transgender New Yorkers, a community which has long been excluded from data sets. The new law (S.5933-A/A.8133; Chapter 492 of the Laws of 2022), directs the New York State Department of Labor (the Department) to:
- Conduct a study on the statewide employment rate of transgender individuals in New York (A copy of the full text of the legislation is available in Appendix I).
- Determine whether employment disparities among transgender individuals in New York exist, and if so, evaluate the factors contributing to those disparities, including discrimination, and recommend proposals to address barriers to equal employment for transgender New Yorkers.
- Analyze of the impact of racial and ethnic intersections that may exacerbate disparities and barriers to employment.
The stories of the TGNCNB (transgender, gender non-conforming and non-binary) community are important to understanding the challenges to employment that these community members experience. This is why the Department focused on those stories through qualitative data. Federal statistics on transgender individuals is limited. The federal surveys used to determine employment rates statewide do not ask gender identity questions, and until they do, an employment rate for TGNCNB individuals will not be possible. For this reason, the Department wrote to support the US Census Bureau’s proposal to add questions on sexual orientation and gender identity (SOGI) to the American Community Survey (ACS). See Commissioner Reardon’s letter to the Census Bureau in Appendix V.
New York State has been setting an example for the rest of the country by passing laws protecting TGNCNB New Yorkers’ rights. In a time when anti-trans sentiment and laws are on the rise nationwide, New York has included gender identity and expression as protected classes under its Human Rights Law since 2019. In May 2022, Governor Hochul announced New Yorkers would have the option to choose “X” as a gender marker on their driver’s licenses, learner’s permits, or non-driver ID cards. Governor Hochul also signed legislation establishing the Lorena Borjas Transgender and Non-binary Wellness and Equity Fund to support organizations providing critical services in the community. In June 2023, Governor Hochul signed nation-leading legislation establishing New York as a “safe haven” for trans youth, their families, and healthcare providers.
Significant Employment Barriers Exist for TGNCNB New Yorkers
Despite legislative efforts, research conducted for this report finds that TGNCNB New Yorkers experience less employment and lower incomes throughout the state than non-TGNCNB New Yorkers. Existing experimental population surveys through the US Census Bureau and Centers for Disease Control and Prevention (CDC) as well as other targeted surveys of the TGNCNB community point toward significant disparities in employment outcomes for TGNCNB individuals.
Extensive qualitative data was collected from TGNCNB New Yorkers for this report through an online public comment form, focus groups, and interviews to understand these disparities. This rich data revealed ten themes essential to the TGNCNB employment experience in New York:
- Employment discrimination based on gender identity is pervasive throughout the state and the leading cause of lower incomes and underemployment among TGNCNB New Yorkers. Discrimination presents itself in many ways, including termination, microaggressions, pigeon-holing in particular industries, and harassment.
- TGNCNB people of color experience greater employment disparities as they also experience racial discrimination. Immigrant TGNCNB New Yorkers face barriers related to documentation in addition to gender-based barriers.
- There are significant compounding barriers among this population that, in addition to discrimination, make full employment difficult to achieve. These compounding barriers include housing insecurity, justice involvement, disability, and needs related to gender-affirming care.
- There is a lack of cultural competency statewide regarding gender identity and expression. This includes a lack of knowledge surrounding the protections and gains the TGNCNB community has achieved through legislation in New York State.
- TGNCNB New Yorkers experience employment challenges related to both under education and over education. For many individuals, discrimination experienced in educational institutions has led them to leave school and not pursue higher education. At the same time, TGNCNB individuals with higher degrees are often unable to obtain jobs that match their credentials.
- Applying for jobs as a TGNCNB individual is a uniquely difficult experience that can lead some to voluntarily remove themselves from the workforce.
- There is a genuine fear for safety in the workplace among TGNCNB individuals. This has led many TGNCNB New Yorkers to prefer not to be out as their full selves at work. Some do this by deciding to present as their sex assigned at birth. Other TGNCNB individuals do not get perceived as TGNCNB and are assumed to be cisgender. These individuals may opt to not come out in the workplace, or not disclose their trans experience to others.
- There is a difference between younger and older TGNCNB New Yorkers. Younger individuals are increasingly identifying outside the binary as gender non-conforming or non-binary, while older TGNCNB individuals continue to primarily identify as trans men or trans women. There is a growing desire among younger TGNCNB people to be out at work, while older TGNCNB individuals are more likely to prefer not to disclose their trans experience to others.
- Discrimination and other barriers to employment have led TGNCNB New Yorkers to seek self-employment opportunities including consulting, independent contracting, and in the underground economy.
- There is a regional difference between the experiences of TGNCNB individuals in New York City, and other large cities, versus those in more rural areas of the state. Large cities offer more resources for the TGNCNB population, but are also more expensive, which presents challenges for a population experiencing lower incomes and higher levels of poverty.
Policy Recommendations
Advocating for uniform collection of data regarding gender identity by Federal agencies, especially the US Census Bureau.
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Providing workforce development programming targeting the TGNCNB population.
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Mandating cultural competency and GENDA training across the State.
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Exploring additional ways the State can reduce barriers to obtaining affirmed legal identification.
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Modeling best practices for employers when serving TGNCNB New Yorkers.
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Addressing barriers to employment for justice involved individuals
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The entire state will benefit from greater workforce participation by TGNCNB New Yorkers. Correcting for years of under-employment and low wages will allow new involvement in local economies by TGNCNB individuals. By creating equitable and affirming workplaces, employers will also benefit from greater retention, saving money on recruitment and onboarding. As younger generations increasingly identify as gender diverse, New York is in a critical moment. We must work together with employers and workers to take the necessary steps to ensure all generations of workers have open and supportive employment experiences.
NYS Vs. National Legislation
The New York State Department of Labor (the Department) conducted this study on the employment experiences of Transgender New Yorkers as part of a larger effort over the past five years, in which New York State has taken decisive steps to create a safe and affirming place for transgender, gender non-conforming and non-binary (TGNCNB) residents. [1] These legislative changes have sought to address some of the most significant barriers to employment that TGNCNB community members raised during the Department’s research for this report. These barriers include discrimination and harassment, complications from lacking legal identification that matches one’s gender identity, and compounding barriers such as justice involvement and mental health care access.
New York State: A Legislative Leader
In 2019, the State’s Human Rights Law was amended through the Gender Expression Non-Discrimination Act (GENDA) to “explicitly add gender identity and expression as a protected category.”
- GENDA prohibits discrimination on the basis of gender identity or expression in employment, housing, public accommodation and non-religious education.[2]
- Upon the passage of GENDA, the State conducted an educational campaign with members of the TGNCNB community, as well as employers, to spread awareness regarding the new protections under the law.
Naming gender identity and expression as protected categories under the State’s Human Rights Law was an essential step in combatting harassment and discrimination against New Yorkers of trans experience. Upon review of their records, as of October 2023, NYS DHR received over 1,200 complaints involving gender identity or expression. Approximately 65% of those complaints are related to employment-based discrimination and approximately 26% are related to public accommodation discrimination.
In 2021, New York took two major steps to reduce employment barriers caused by identification mismatch and the historical criminalization of TGNCNB identities. The State passed the Gender Recognition Act and repealed a criminal anti-loitering law commonly referred to as the “Walking While Trans” ban.[3]
The Gender Recognition Act streamlined the name change and gender marker change process in New York State.[4] The legislation achieved the following gains:
- It removed the requirement for all name changes to be published in the newspaper, protecting the identities and safety of TGNCNB individuals seeking legal transition.
- It introduced the X gender marker on New York State documents, such as a state issued driver’s license and birth certificates.
- It ended the requirement for a doctor’s note to change one’s gender marker on a state issued ID.
In 2022, the Gender Recognition Act was expanded to require all New York State agencies that collect demographic information about gender or sex during interactions with the public to provide individuals the option to select “X” as their sex or gender marker on all relevant forms no later than January 1, 2024.
Having legal identification that is consistent with one’s gender identity is essential when seeking employment as well as housing. It can limit discrimination and harassment. Most importantly, it allows individuals of trans experience to live fully as their authentic selves.
In the same year as the enactment of the Gender Recognition Act, New York also repealed the so-called “Walking While Trans” ban. Since it was passed in 1976, this anti-loitering law was used to harass and arrest law-abiding trans people under suspicion of prostitution.[5]
In 2022, the State took additional steps to support the TGNCNB community and address disparities in access to important programs and services by establishing the Lorena Borjas Transgender and Non-binary Wellness and Equity Fund (TWEF).[6] . The FY2023 Enacted Budget included $3 million in funding to support this initiative, including $2 million through the Department of Health and $1 million through a program administered by the state legislature. The fund supports organizations that provide critical services to the transgender, gender non-conforming, non-binary, and intersex community (TGNCNBI).
In 2023, Governor Hochul announced an additional $1 million in youth suicide prevention funding expanding TWEF, as well as an additional $5 million in funding for gender affirming senior housing projects that support TGNCNB individuals. Funding supportive programs for the TGNCNB community is a straightforward way New York State has demonstrated a commitment to improving the lives of New Yorkers of trans experience.
In June of 2023, Governor Hochul signed a groundbreaking new law that makes New York a “safe haven” for the trans community by ensuring New York will protect trans youth, their parents and their doctors and another law which protects the right of trans youth to receive addiction treatment and rehabilitation.[7] The safe haven law ensures that trans children will not be separated from parents who help them seek out gender-affirming care and prohibits authorities from assisting other states’ investigations into families and healthcare providers seeking such care.[8] Protecting trans youth is vital for the future of New York State.
Finally, in November 2023, Governor Hochul took the important step of helping certain justice-involved individuals escape the specter of background checks in employment, housing, banking and education by signing the Clean Slate Act. This law allows certain criminal convictions to be sealed if the person has not committed another crime in the intervening years. For different reasons, some of which will be discussed later in this report, TGNCNB individuals have a higher likelihood of being involved in the justice system than the general population.[9] The Clean Slate Act has the potential to have an important impact on TGNCNB New Yorkers as they seek employment, as well as housing and financial security.
National Surge in Anti-Trans Legislation
The Population Included In This Report
Methodology
The Department acknowledges that the people writing this report are not of trans experience, and thus prioritized listening to, centering, and amplifying TGNCNB voices throughout the report development and writing process. In undertaking this report the Department used a mixed methods approach, incorporating both quantitative data, and qualitative data gained from speaking directly with, and getting feedback from TGNCNB community members.
The law calling for this study directs the Department to report on data that does not exist. The Department tracks national, state and local unemployment rates through the Census Bureau’s Current Population Survey. This survey does not ask a respondent’s gender identity, only their sex, which means there is no option for a respondent to mark if they are trans, gender non-conforming, non-binary or intersex. As a result, the request to find the employment rate of TGNCNB New Yorkers is not as simple as disaggregating available data. The Census Bureau is now considering adding gender identity to the ACS, another economic indicator survey. Commissioner Reardon has written a comment to support this effort which can be found in Appendix V. Learn how the unemployment rate is calculated in the US.
Learn how the unemployment rate is calculated in the US by watching the video below:
Quantitative Data
To begin researching this report, the Department sought to understand the quantitative data that exists regarding TGNCNB employment experiences to determine if disparities existed between TGNCNB and cisgender New Yorkers.
The Household Pulse Survey (HPS) conducted by the Census Bureau is a 20-minute online survey, offered for two weeks a month.[28] The survey asks about gender identity and employment, but because of the quick turnaround needs of the survey, the response rate is low (especially by Census Bureau-level standards), and it sacrifices much of the statistical framework and significance of larger, more extensive surveys conducted by the Census Bureau.
Another national survey that asks about gender identity and employment is the Center for Disease Control and Prevention’s (CDC) Behavioral Risk Factor Surveillance System (BRFSS) survey.[29] BRFSS is an annual telephone survey given throughout the country. Much like HPS, BRFSS asks questions about subjects that can affect a person’s health, such as employment, housing, and typical demographic information, including gender. BRFSS is a more robust data source, with a much better response rate than HPS. However, BRFSS still suffers from some of the same statistical significance problems as HPS due to the low response rate among individuals identifying as transgender at the state level.[30]
For this report, the Department consulted with the State Data Center (the premiere source for Census Bureau information) and New York State’s Chief Demographer, to analyze HPS data from December 2022. The 2022 BRFSS was analyzed in conjunction with the NYS Department of Health’s (NYS DOH)’s Bureau of Chronic Disease Evaluation and Research.
To supplement the experimental data presented by HPS and BRFSS, the Department reviewed the 2021 LGBT Health and Human Services Network’s Needs Assessment Survey (The Needs Assessment) and the 2015 US Transgender Survey New York State Report (USTS), which both asked questions regarding gender identity and employment. These targeted population surveys only provide information on the sample that responded, and the results cannot be generalized to the whole population. Still, they provide an opportunity to observe potential patterns and trends.[31] The Needs Assessment was conducted through a statewide survey, distributed by the New York LGBT Health and Human Services Network (the Network) to its community members, who are part of the LGBTQ+ community. The Network convenes over 60 agencies and organizations that provide services to the LGBTQ+ community including health services, legal services, housing and shelter, safety and violence prevention, and LGBTQ+ community advocacy. The Needs Assessment survey was available online from July through November of 2021.[32] The most recent US Transgender Survey with data available at the time of this report’s publication was undertaken in the summer of 2015. The USTS provides a detailed look at the experiences of over 27,000 TGNCNB people in all 50 states including 1,779 New Yorkers. The National Center for Transgender Equality conducted another nationwide survey in 2022. A full report is expected by 2024. Visit the USTS website to receive updates.
Qualitative Data
While reviewing the limited quantitative data, the Department engaged with TGNCNB stakeholders, including academics in the research field, organizations working in the trans and LGBTQ+ communities, and those who were proponents of the underlying legislation (acknowledgements for stakeholder feedback available at the end of this report). This engagement also provided deeper insight into the lack of reliable quantitative data surrounding TGNCNB employment due to a failure by Federal, State and Local governments to collect information on gender identity. The Department decided to prioritize centering the voices of TGNCNB New Yorkers in its research by committing to collecting robust qualitative data (data that describes qualities, and characteristics, and combines them into themes) for this report.
The Department next undertook a six-month online public comment period from March through September 2023 inviting TGNCNB New Yorkers across the state to share their experiences while seeking employment and while in the workforce. More than 350 TGNCNB New Yorkers shared their stories with the Department. Through these public comments, the Department was able to expand upon the themes gathered through stakeholder engagement. The stories shared by TGNCNB New Yorkers identified the many ways discrimination in the workplace manifests, including through microaggressions, being passed over for promotions, and being denied gender-affirming accommodations. The public comments also illuminated barriers to employment during the job application process and the safety concerns that lead many TGNCNB New Yorkers to be closeted in the workplace.
To obtain a deeper understanding of the employment experiences of TGNCNB New Yorkers, the Department enlisted the help of Zebra Strategies, a consulting firm with experience working with the TGNCNB community and with people of trans experience on their staff. Zebra conducted focus groups and in-depth interviews with TGNCNB New Yorkers. Each focus group centered on a different TGNCNB population: older TGNCNB adults, TGNCNB immigrants, TGNCNB New Yorkers living in rural counties, TGNCNB New Yorkers of color, and TGNCNB New Yorkers living in metropolitan or city centers. Following the focus groups, in-depth interviews (one in each category) took place, also led by Zebra. The Department did not participate in the focus groups or in-depth interviews (IDIs) to ensure participants felt comfortable sharing their experiences without government representatives present. The focus groups and interviews expanded on the intersectional challenges faced by TGNCNB people of color, the importance of cultural competency around gender toward achieving lasting equity, and generational differences within the TGNCNB community.
Research Findings
Quantitative Data
Demographics from the 2022 BRFSS are outlined below. The estimated number of respondents who identified as cisgender was 98.1%, with 1.2% identifying as transgender. Those classified as transgender by BRFSS described their current gender as different from their sex assigned at birth or chose the category transgender in response to the gender identity question. Of note, only 34.2% of the transgender population in New York identifies as White (non-Hispanic) compared to 53.0% of the cisgender population. The intersection of race and gender will be essential to better understanding the employment experiences of TGNCNB New Yorkers.
A more significant proportion of trans New Yorkers, 66.8%, live in the New York City and Long Island region of the state, compared to 57.1% of cisgender New Yorkers. New York City has the highest cost of living in the state; given the likelihood of lower incomes and lower employment, TGNCNB New Yorkers clustered in the NYC metropolitan area may be even more vulnerable to experiencing poverty. Improving employment outcomes for this population is critical.
Demographics
No Data Found
2022 BRFSS Respondents By Race/Ethnicity[34]
*Note: These data are experimental, and users should take caution using estimates based on subpopulations.
For the full BRFSS memo used for this report, click here to go to Appendix III.
Unemployment
The limited quantitative data that exists regarding employment among TGNCNB individuals in New York and throughout the United States consistently points to a higher frequency of unemployment than that experienced by the general population, but none of the data points below should be considered a true unemployment rate, as all the data sources have limitations. For reference, the official unemployment rate from the census for NYS in December 2022 was 4.3%.[36]
The Charts below show that for December 9 – December 19, 2022, of those who identified as trans on the HPS in New York State, 30.3% lost employment income in the preceding four weeks, compared to 11.9% of the general population at the same time. This data is not statistically sound enough to be thought of as accurate.[37] The data presented for the entire United States for same time period is more reliable. Approximately 22.2% of the estimated 1.7 million transgender individuals in the United States who responded to this survey experienced a loss of employment income (either personally or by anyone in their household) in the preceding four weeks, compared to 11.5% of the overall United States population.[38]
*Note: These data are experimental, and users should take caution using estimates based on subpopulations.
Income
In 2015, the USTS found that 37% of the TGNCNB respondents from New York were living in poverty despite the national poverty rate being 12%. The data obtained from the 2022 BRFSS indicates that in the seven intervening years, low incomes are still more prevalent among the trans population in New York than their cis counterparts.
As the chart below demonstrates, BRFSS data found that 31.9% of the transgender population in New York State had an annual household income of less than $25,000. In contrast, only 12.9% of the cisgender population had incomes below $25,000 annually. In addition to having a more significant share of its population experiencing low annual incomes, the transgender population also has a lower percentage of individuals with higher incomes of $50,000 or more annually. 19.7% of trans respondents had an annual household income of $50,000 or more, while 41.6% of the cisgender population had incomes of $50,000 or more.
2022 BRFSS Survey
New York State Annual Household Income by Gender for 2022 BRFSS Respondents [46]
*Note: These data are experimental, and users should take caution using estimates based on subpopulations.
For the full BRFSS memo used for this report, click here to go to Appendix III.
2021 Network Needs Assessment Community Survey
Annual Household Income by Gender Identity[48]
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For the full Needs Assessment memo used for this data, click here to go to Appendix IV.
Education
Traditionally, education has been viewed as an important means to achieve higher incomes and better employment. Both BRFSS and the Network’s Needs Assessment indicate that TGNCNB New Yorkers are more likely than cisgender New Yorkers to leave high school before graduating.
As shown in the chart below, based on BRFSS data, only 12.3% of cisgender New Yorkers have less than a high school education. Conversely, 33.1% of transgender New Yorkers did not graduate from high school. Only 19.5% of transgender New Yorkers have a college degree while 35.5% of cisgender New Yorkers graduated from college.
2022 BRFSS Survey
New York State Education Level by Gender for 2022 BRFSS Respondents [49]
*Note: These data are experimental, and users should take caution using estimates based on subpopulations.
For the full BRFSS memo used for this report, click here to go to Appendix III.
Based on the Network Needs Assessment survey findings, the table below shows that of those that responded to the community survey, 1% of cisgender men did not graduate high school compared to 12% of trans men. Those identifying as multiple or other genders had the highest number of respondents who did not complete high school at 15%. Interestingly, the Needs Assessment does show the percentage of individuals receiving college degrees is consistent across gender identities. Despite degree attainment, however, TGNCNB respondents indicated lower incomes and employment in the Needs Assessment, implying advanced education may not be enough to help TGNCNB individuals achieve economic stability.
2021 Network Needs Assessment Community Survey
Highest Education Level Achieved by Gender Identity[50]
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The Data is Not Available
For the full Needs Assessment memo used for this data, click here to go to Appendix IV.
ID/Documentation
Identity documents are an essential part of applying for a job. For members of the TGNCNB community, having identity documents that do not correspond to one’s identity can create significant barriers when applying for jobs, and can create additional challenges when employed. In 2015, only 12% of New York respondents to the USTS reported that all their IDs had the name and gender they identified with. 28% of New York respondents who have not changed their legal name, and 24% of those that have not updated the gender on their IDs, reported they could not afford the change (completing a name change through the New York State Court System costs $210). Over one third of New York respondents, 34%, stated that after showing an ID with a name or gender that did not match their gender presentation, they were verbally harassed, denied benefits or service, asked to leave, or assaulted.[51]
Responses to the 2021 Network Needs Assessment indicate that achieving legal identification that aligns with one’s gender identity continues to be a challenge for TGNCNB individuals. Of those that responded to the survey, only 19% had tried to change the gender on their birth certificate, while 33% of TGNCNB respondents had not, but would like to change the marker.[52] The challenges surrounding legal identification can out TGNCNB people at increased risk of employment discrimination, as well as lower employment and income rates. For some TGNCNB individuals, entering the job market without these affirming forms of identification is not worth the risk, and the labor market suffers from their decision not to participate in the labor force.
Numbers “can validate experiences, but experiences should stand for themselves as evidence of a problem.” [53]
Qualitative Data
Demographics of Respondents to the Department’s Public Comment
- Capital Region: 56
- Central NY: 6
- Finger Lakes: 48
- Long Island: 25
- Mohawk Valley: 6
- North Country: 14
- NYC: 127
- Southern Tier: 23
- Western NY: 21
- Hudson Valley: 25
- N/A: 4
- White: 57.50%
- Black or African American: 14.20%
- Hispanic or Latino:12.20%
- Asian American or Pacific Islander: 5.40%
- Middle Eastern or North African: 2.40%
- American Indian or Native Alaskan: 2.70%
- Other: 5.60%
Figure C: Public Comment Responses by Age
What follows are descriptions of the most prevalent topics throughout the public comments, focus groups, IDIs, and stakeholder meetings, followed by the comments received from these outlets. While the data does not encompass all TGNCNB New Yorkers’ experiences, it does offer a rich understanding of what it means to be employed as a TGNCNB New Yorker and what barriers prevent TGNCNB New Yorkers from experiencing positive employment outcomes.[54]
A Note About Gender Identity in the Qualitative Data
As discussed earlier in this report, gender includes many identities beyond man and woman. The Department’s public comment form included an open field for gender to allow people to identify however they wished. There were 114 different gender identities entered. Each person’s gender is listed next to their comment as they entered it. This includes people who identify as male and female without any trans signifier but are of trans experience. Comments have also been left unedited.
Discrimination
Discrimination in the workplace is felt widely by the TGNCNB population. “Employment discrimination and workforce exclusion narrow pathways to economic security…contributing to elevated rates of poverty, unemployment, use of public benefits and housing instability.”[55] In 2015, the USTS asked several questions regarding employment experiences. In New York State, 15% of respondents reported losing a job at some point in their lifetime due to their gender identity or expression, and 26% reported being fired, denied a promotion, or denied a job they applied for within the last year because of their gender identity or expression. In addition to difficulty finding and keeping a job due to discrimination, respondents faced significant mistreatment in the workplace, making it difficult for TGNCNB individuals to come to work. 24% reported abuse due to gender identity, including being forced to use a restroom that did not match their identity, being told to present as a gender different from their gender identity to keep their job, or having their transgender status disclosed by a boss or coworker without their permission.[56]
Qualitative data collected for this report in 2023 indicates that in the eight years since the USTS was conducted, employment discrimination remains a common experience for TGNCNB New Yorkers. Detailed below are the varied and nuanced ways bias manifests for TGNCNB individuals, as conveyed to the Department through public comments, group discussions, and interviews.
Promotions, Terminations, and Stagnant Wages
The most recognizable instances of alleged employment discrimination are those that involve being fired, denied a promotion or a raise, or denied a job due to an individual’s TGNCNB identity. Formal legal protections specifically for the TGNCNB population against discrimination in the workplace have only been added to New York State law in recent years; as a result, while this behavior is prohibited, years of normalized discrimination may have contributed to a culture that is permissive of such misbehavior.[57] It can be difficult to prove discrimination based on gender identity and expression, leaving TGNCNB individuals with little recourse when experiencing bad employment outcomes due to their gender identity. Examples of public comments and focus group and in-depth interview remarks alleging discrimination in the workplace include the following:
Harassment
In addition to experiencing alleged discrimination through the denial of employment or advancement opportunities, TGNCNB individuals reported extensively on harassment they experienced based on their TGNCNB identity. This reported harassment included acts of violence, sexual harassment, invasive questions, jokes, inappropriate touching and other actions that created hostile work environments. While experiencing this harassment, many TGNCNB individuals felt that their employer or human resources division did not adequately address their claims. Those working public-facing jobs in the service industry, or any job that involves interacting with individuals outside the workplace as clients or students, also described facing harassment from the public and a lack of support from their workplaces when this harassment occurred. Examples of public comments and remarks from focus groups and IDIs alleging harassment in the workplace include the following:
Microaggressions
Microaggressions and other forms of hostility and discrimination are persistent in the employment experiences of TGNCNB New Yorkers. These can be conscious or unconscious acts that leave a TGNCNB employee feeling less supported, isolated, ostracized, or unequal. Misgendering an individual or refusing to use a TGNCNB person’s name and pronouns is a common way this form of discrimination manifests. There are also instances in which an employer refuses to alter a TGNCNB person’s nametag or dress code despite having no legal reason not to. Failing to protect an employee’s gender identity by outing them to coworkers or clients is also a frequent form of discrimination. Examples of public comments and focus group and in-depth interview remarks alleging microaggressions and discrimination include the following:
Public and Client Discrimination
Individuals expressed that they found that certain fields and industries are more affirming than others. Workers employed by small businesses, in public facing positions working on behalf of clients, and in traditional “blue collar” physical labor-focused positions found that their industries struggle to provide safe workplaces for TGNCNB New Yorkers. Many TGNCNB individuals seek employment with LGBTQ+-serving organizations or leadership in the hopes of finding affirming experiences. Despite this, the TGNCNB community expressed experiences of discrimination within the larger gay community from LGBQ+ leadership and LGBTQ+ serving organizations. Examples of public comments alleging discrimination in the workplace include the following:
Anti-Trans Rhetoric In The Workplace
Several individuals spoke about how they feel unsafe in the workplace due to frequent anti-trans “water cooler” discussions or the prevalence of anti-trans views being projected by leadership directly or indirectly. This anti-trans rhetoric and hate speech manifested itself through “locker room talk,” keeping news stations that espouse anti-trans views on in the workplace, and having coworkers voice anti-trans sentiment to a TGNCNB co-worker who was not out at work. The national anti-trans discourse is creating an increasing feeling of insecurity among TGNCNB workers as well. Examples of public comments alleging anti-trans rhetoric in the workplace include the following:
Additional Barriers For TGNCNB People of Color
The Department’s online public comment form asked generally about employment experiences both while applying for a job and while in the workplace. A few comments offered insight into the deeper challenges facing TGNCNB individuals of color. Those that described racial discrimination in addition to TGNCNB discrimination noted that an atmosphere of both racist and transphobic sentiments prevented them from speaking up regarding discrimination they endured. They also expressed their feeling that the similar roles of racism and gender discrimination in maintaining traditional power structures make it less likely to expect action to prevent discrimination from occurring. Examples of public comments identifying additional barriers in the workplace include the following:
The impact of race on gender-based discrimination was a topic the Department sought to cover more deeply in focus groups and in-depth interviews. Research consistently finds that trans women of color experience more significant instances of discrimination, lower employment levels and higher poverty levels compared to white TGNCNB individuals nationwide. A 2021 McKinsey Quarterly report found income differences among TGNCNB individuals to be “exacerbated at the crossroads of intersectionality” across the country.[58] A 2021 New York City-based survey by the Anti-Violence Project on TGNCNB experiences of systemic employment discrimination found that TGNCNB people of color with a bachelor’s degree experience significantly lower incomes than white TGNCNB individuals with the same degree.[59] The Biden Administration stated in 2021 that anti-transgender violence disproportionately harms and kills transgender women and girls of color.[60] A 2021 Nationwide Report by the Human Rights Council found that while all TGNCNB people face “devastating levels of discrimination and harassment in the workplace” there are even higher barriers for “Black transgender people, who have double the unemployment rate of all transgender people, and four times that of the US general population.”[61]
Because of this information, and because the law mandating this report called for a deeper analysis of the impact of race and ethnicity on barriers to employment for TGNCNB people, the Department hosted, through a consultant, focus groups dedicated to the experiences of TGNCNB people of color and TGNCNB immigrants. All focus groups, except for the one made up of rural residents, had a majority of participants who identified as people of color. Racial discrimination is an important factor in the lives of the TGNCNB participants from these focus groups, impacting their education, employment, income, and overall wellness.
TGNCNB participants of color in the Department’s focus groups spoke about leaving home at a young age, not finishing school, and experiencing poverty, all of which has an impact on future employment. For some, racial discrimination is more pronounced than discrimination based on their TGNCNB identity because they are perceived by others as cisgender or work in an industry that is accepting of gender diversity, but not racial diversity. Others spoke of a fear of being tokenized as a diversity hire because as a TGNCNB person of color they “check a lot of boxes.” Examples of public comments and focus group remarks identifying additional barriers in the workplace include the following:
Compounding Barriers
Health insurance and healthcare access is an issue for everyone, but TGNCNB individuals face additional barriers to getting good and appropriate care. According to the 2015 USTS, trans people are less likely to have health insurance than the general public, and 26% of respondents in NYS reported experiencing a health insurance-related problem in the past year due to being trans; either for gender-affirming care or simply getting any medical care while being trans. [64],[65] Respondents indicated that finding medical care from a healthcare provider who is trans-affirming is a struggle, particularly in more rural parts of the state. For example:
Focus group participants and public respondents also described experiencing other types of discrimination not related to their gender identity. Much like the general population, ageism, sexism, and ableism are all factors in the world of work for the TGNCNB community. For example:
Lack of Cultural Competency Around Gender Identity and Expression
The interactions many TGNCNB New Yorkers described with work colleagues, supervisors, and members of the public demonstrate a general lack of understanding and education among many New Yorkers regarding gender identity and expression. This lack of knowledge can come from a place of willful ignorance or prejudice, but there are also individuals that struggle because they do not have the experience or cultural competency necessary to respectfully engage with TGNCNB individuals. This lack of understanding leads many TGNCNB individuals to change who they are at work for the comfort of others. It also contributes to a limitation on the impact of New York State’s anti-discrimination legislation. The Department found that in addition to members outside the TGNCNB community lacking knowledge around GENDA, many TGNCNB individuals are not aware of their rights under GENDA and do not use it to file complaints against acts of discrimination. Similarly, this lack of knowledge may extend at times to human resources staff and other individuals in the workplace assigned with protecting workers from discrimination. As a result, those responsible for affirming and defending the rights of TGNCNB employees in the workplace can fail to adequately protect TGNCNB workers from discrimination. For example:
This lack of knowledge has led many TGNCNB individuals to take on the role of educator in their workplaces. This can be exhausting, providing additional work for a TGNCNB individual with no additional compensation. Reliving past instances of discrimination to educate coworkers can also be retraumatizing. This can lead TGNCNB individuals to feel as though their identity is tokenized and exploited. For example:
Among the Department’s focus group participants, there was unanimous agreement that there should be TGNCNB-specific education in the workplace that goes beyond anti-discrimination and seeks to debunk myths and stereotypes about TGNCNB individuals. Participants in the Department’s focus groups spoke at length on their desires to see better anti-discrimination education in the workplace as well as a comprehensive training on gender identity and expression. Participants felt that until individuals have the words and are comfortable with people of different gender identities, achieving real societal shifts in acceptance for TGNCNB individuals will be difficult. For example:
Education is an important first step, but some TGNCNB individuals expressed skepticism that education alone would ensure equitable and affirming workplaces. Many spoke of the need for companies to also adopt inclusive practices. Some participants voiced concerns that education can be insincere. Despite mandated training, individuals have witnessed a lack of compliance or commitment to the directions of the training. For example:
Disparate Education and Training Outcomes for TGNCNB Individuals
TGNCNB New Yorkers who wrote in through the Department’s public comment form, as well as those included in the Department’s focus groups spoke of how members of their community experience less formal education, typically due to discrimination in school settings during their youth. At the same time, several TGNCNB individuals with advanced degrees spoke of how it is difficult to obtain jobs in their chosen fields, often settling for employment in easier to access industries that require fewer credentials. In this way, some TGNCNB New Yorkers included in this report experience employment challenges related to both under-education and over-education.
For some TGNCNB individuals, under-education steps from experiencing discrimination in school settings. As per the feedback received from Department focus groups, several individuals were unable to complete their education beyond high school due to this reason. Nationwide, TGNCNB youth are pushed out of schools due to various types of victimization ranging from bullying to disciplinary policies.[66] Moreover, some TGNCNB young people are forced to leave their homes because of their families’ lack of acceptance towards their gender identities, which further adds to the difficulty in completing their education.[67] For example:
For many members of the TGNCNB community, higher education is unaffordable and inaccessible due to their already low incomes and job insecurity. Without advanced degrees, these individuals are restricted from pursuing employment in many higher-paying industries or positions with higher salaries. As a result, many resort to low-wage jobs to survive, or enter the informal economy, which can make it challenging to transition to other opportunities. For example:
On the other hand, TGNCNB individuals who have advanced degrees spoke of how they often struggle to secure employment in their desired fields. Those who choose to transition while on the job have reported being terminated and finding it difficult to secure subsequent employment in the same field. Highly educated individuals may have to settle for entry-level positions, for which they are over-educated and over-qualified, just to get their foot in the door. Some spoke of being forced to seek employment in industries with lower barriers to entry, such as retail and service jobs, due to financial necessity. Even with an advanced education, some TGNCNB individuals discussed their decision to leave their chosen profession due to discrimination, leading to unemployment or seeking employment in different industries. For example:
Several individuals spoke of seeking employment with non-profit organizations that serve the LGBTQ+ community. However, they found that the skills they acquire in these roles are not easily transferable and there are limited opportunities for career growth and increased pay. As a result, TGNCNB individuals may experience career and wage stagnation. For example:
Applying for Jobs
Many TGNCNB individuals also report experiencing discrimination during the job application process. Several TGNCNB individuals mentioned similar experiences including going on numerous interviews with no follow-up calls, or a change in response rate based on the presence of pronouns on a resume. These more subtle forms of potential discrimination may be difficult to detect in brief interactions, but such rejection is a common occurrence for TGNCNB individuals. For example:
Job applications can be an obstacle for TGNCNB New Yorkers. Simply filling in the “name” field can be difficult, especially when there is no option for an individual to mark their chosen name. When only binary gender options are available, gender non-conforming and non-binary individuals are left with limited choices that do not match their gender identity. For example:
Trans participants reported that job interviews can also be troubling experiences. The prospective applicant may have a stellar phone screening or email exchange about their credentials, but the conversation shifts when there is an in-person interview. Many spoke of interviewers becoming visibly uncomfortable when they were brought in for a job interview. Some individuals spoke of feeling a prospective employer was making an excuse for why they were not able offer the job, because the employer’s decision-making process was influenced by their gender expression. For example:
This difficulty in finding employment can lead to some TGNCNB individuals to put off applying for jobs until after seeking gender-affirming care or obtaining a legal name change. This may allow them to avoid potential anti-trans bias or discrimination during the hiring process. This issue also arose when discussing background checks, where deadnames might still come up on court cases from years ago, even though the individual has obtained a legal name change. For example:
Passing As Cisgender Or Being Stealth
Some TGNCNB people talked about preferring to pass as cisgender or being stealth because it can provide protection from potential transphobic bias, harassment, discrimination, and violence. In this way, TGNCNB individuals can avoid potential microaggressions or discrimination from colleagues by keeping their gender identity to themselves. According to a recent McKinsey survey, 53% of TGNCNB people do not feel comfortable being fully out about their identity. 50% said they are not open about their identity with coworkers, and 63% said they are not open with clients and customers. Passing can also be important for personal safety, especially if coworkers or customers express transphobic opinions in the workplace. For example:
Even if passing as cisgender may feel safer, it can still be a lonely way to exist in the workplace. It comes at a cost to TGNCNB individuals who are not able to be their authentic selves at work. Respondents mentioned the increased stress of passing and hearing transphobic comments from other people at work. For example:
Generational Differences
Participants engaged in this study acknowledged changes to cultural norms and laws around being trans, and viewed such changes as being promising for the future. Amongst the participants and public comments there was some optimism about younger generations today and their understanding of TGNCNB identities.
In addition to being more accepting of TGNCNB individuals, according to survey respondents, more young people are also identifying as TGNCNB themselves. Broadly speaking, nationwide, nearly one in five people who identify as transgender are between the ages of 13 and 17 according to the Williams Institute[69] and in New York, 45% of respondents to the Network’s Needs Assessment between the ages of 14 and 34 identified as Gender Non-conforming or Non-binary.[70] With an eye towards the future of work, creating a safe and healthy work environment is going to become increasingly relevant as younger generations enter and advance through the workforce.
In stakeholder and community engagement conducted for this report, younger people expressed that they do not want to feel forced to pass as cisgender as much as their trans elders have. Many younger people want to express their authentic selves as much as possible, including at work.[71] Amongst trans youth this translates into not feeling the urgency to pass as much as older generations, but instead wanting to be open about their gender identity as much as possible. Younger people are also more likely to identify outside the binary of male and female.[72] Trans people outside of the binary face additional stressors. For example:
Individuals who identify as non-binary, gender non-conforming, agender, genderqueer, or another gender identity outside of the male or female binary, face unique challenges in addition to those they already experience as trans individuals. Most people and workplaces, regardless of their support for trans individuals, lack the vocabulary to discuss gender outside of the binary. For those who identify as non-binary, this can create even more unfamiliar territory in workplaces that struggle to acknowledge trans individuals. Non-binary individuals have expressed frustration when colleagues do not use their pronouns, such as they/them or zhe/zher. Even within the LGBTQ+ community, trans individuals have acknowledged the need for education on non-binary terms and pronouns, as they recognize their own lack of knowledge on the subject. For example:
Diversity In Employment Options
The qualitative data collected for this report showed a trend of TGNCNB people not being interested in traditional 9-5 office jobs in large corporations. While some individuals still aimed for these positions, others emphasized the need for alternative work arrangements. This included options such as flexible work hours outside of regular business hours, the ability to work from home, and the freedom to choose when and how to interact with customers and co-workers. This shift in work preferences is not a unique phenomenon, especially since the onset of the COVID-19 pandemic. The TGNCNB community shared similar sentiments to the general population’s increased preference for alternative work arrangements, but also described other community-specific employment needs that such arrangements can meet.
Self-Employment
Benefits Of Remote Work
Many individuals have found remote work to be more comfortable, especially during the COVID-19 pandemic. This applies to both cisgender and transgender individuals, but for those who struggle to have their identity affirmed in the workplace, working from home can be liberating. For trans individuals, careers that are completely remote, may be particularly appealing. Individuals who wrote public comments, but did not want to be quoted directly, mentioned the benefits of working from home, and were disappointed by the decrease in remote work options as the pandemic emergency has receded. Working remotely can have a significant impact on the mental and physical health of trans individuals. For example:
The Underground Economy
Some TGNCNB individuals are involved in underground economies at some point in their lives, including the sex</span work economy. Sex work can mean exchanging sex for money, food, or other resources; it can be in-person or online; and it can be for survival or by choice.[73] Studies have found that TGNCNB people, and especially trans women, are more likely to engage in sex work at some point in their lives than the general public. The 2015 USTS reported that 20% of respondents had participated in the underground economy, and 12% had experience with income-based sex work.[74]
TGNCNB individuals who participated in focus groups or submitted public comments in connection with this report spoke of their decisions to choose sex work over other professions for various reasons. These included the desire for independence, flexible scheduling, and the ability to choose their clients. Additionally, sex work may not require specific education or credentials, and the pay can often be considerably higher than they are able to obtain in the traditional economy. According to a report by the National Center for Transgender Equality on transgender people’s experiences with sex work, for some trans individuals facing discrimination and harassment in their everyday work lives, sex work can be the best option for viable and financially stable employment.[75] Below are public comments and remarks from the Department’s focus groups and IDIs regarding sex work:
Time Off, Health Benefits, and Gender Affirming Care
Being Trans in New York
Many people talked about how thankful they were to live and work in New York versus other parts of the country due to this state’s stronger protections, policies, and resources for TGNCNB individuals For example:
However, many people noted that discrimination and hardship are still common occurrences for individuals in the trans community around the state. For example, trans individuals living outside of New York City reported a change in the treatment they experienced in other areas of the state. Those living in rural communities found that there are fewer resources in areas that are farther away from major metropolitan areas. Employment is also harder to find in rural parts of the state, regardless of gender identity. As a result, when a trans person finds a job in a place without a lot of employment opportunities, the stakes can be much higher to keep a job even if it comes at the expense of living their truth.
With the increasing popularity of remote work, people who live and work in New York may be employed by companies in other states that have anti-TGNCNB laws or weaker protections for TGNCNB individuals. This can leave New Yorkers working remotely for an employer outside New York with little recourse if they experience discrimination or harassment. For example:
While New York might be a haven for some trans communities, it is also consistently one of the most expensive places to live in the country. With many trans individuals living at or below the poverty line in the state’s cities, having these resources concentrated in cities is important, but does not promote affirming experiences for TGNCNB individuals in less metropolitan regions of the state.
NYC is a beacon for LGBTQ+ communities. Many people have come to New York City to find a safer place to express their gender identity, find jobs that embrace them, and get services from agencies and nonprofits specifically for TGNCNB people. And yet, trans people living in NYC still experience the alleged employment discrimination and harassment issues described in this report. Unfortunately, there are also numerous acts of violence against TGNCNB individuals every year. Between 2017 and 2020, at least nine trans individuals were murdered in New York City.[77] Despite the services and safety that trans-friendly laws provide, TGNCNB individuals spoke of how they still experience danger and risk in NYC. For example:
Policy Recommendations
Throughout the research and analysis for this study, TGNCNB researchers and LGBTQ+-led organizations were the best resource for data on the TGNCNB community, providing essential guidance and information to the Department. Over more than a year of community engagement, the strength and power of the TGNCNB community in New York remained a constant. Despite the hardships in seeking work and navigating environments that are hostile to trans people, TGNCNB people and TGNCNB-led organizations have created and provided systems of community care and have led advocacy on many of the efforts identified in this report. Despite significant structural barriers, TGNCNB New Yorkers have, and continue to show an unending resiliency.
In a time when anti-trans sentiment and laws are on the rise nationwide, New York State has continued setting an example for the rest of the country by passing laws protecting TGNCNB New Yorkers’ rights. And while the Department has continued to support this effort by pushing for change, work is still needed.
Working toward this change and finding solutions ensures a vibrant and diverse labor market. In 2021, McKinsey estimated that a “concerted effort to increase employment and wage equity for transgender people could boost annual consumer spending by $12 billion a year” nationwide.80 The policy recommendations below will allow New York State to continue to lead the way in ensuring all New Yorkers have access employment and the ability to participate in their local economies.
Strengthen Collection Of Gender Data At Federal Level
As discussed throughout this report, data on gender is not collected sufficiently at the federal level. As the main resource of employment related data and analyses in New York, the Department recommends the State advocate for the inclusion of gender identity questions on population sample-size surveys to establish a large, statistically sound dataset regarding the TGNCNB population. In June 2022, Executive Order 14075 called for the Chief Statistician of the United States to develop recommendations for Federal agencies on current best practices for the collection of self-reported sexual orientation and gender identity (SOGI) data on Federal statistical surveys. In January 2023, the federal guidance on best practices was released along with a Federal Evidence Agenda on LGBTQI+ Equity that aimed to provide a roadmap for federal agencies as they work to create their own data-driven and measurable SOGI Data Action Plans to help assess, improve, and monitor the health and well-being of LGBTQI+ people over time. [78] While these are important first steps, a gap in current data still remains. As a result, it remains difficult to gather meaningful population sample-level data that can be disaggregated by gender identity. In addition, the lack of a standardized method by which gender identity questions are asked can lead to a lack of data comparability across datasets, making it challenging to analyze and advance research towards effective policy solutions. A national standard on how to collect, analyze, and report data related to gender identity is necessary.[79]
The Department recommends that all surveys conducted by the US Census Bureau should be updated to include questions regarding gender identity. In addition to the decennial census, the US Census Bureau is responsible for annual surveys, including the American Community Survey (ACS) and Current Population Survey (CPS). The US Census Bureau conducts over 130 surveys per year, ranging in topics from business and employer surveys to health surveys to housing. Only eight of these surveys ask about gender identity, and most of those surveys are about health, not economic indicators.[80] The information from these surveys is essential to understanding employment rates and trends. The Department recommends New York State advocate for the inclusion of gender-based questions in all national population-sample surveys, following consultation with the TGNCNB community regarding preferences and concerns.
Stay Tuned: Testing Sexual Orientation and Gender Identity Questions on the ACS
As paranoid as the idea makes me, I think it’s important to collect that data because I’m currently unemployed and I’ve been searching for a job for 4 months. I know that my public identity as a transgender individual has been hampering that job search and I know that this is not unique.
Focus Group Participant
2018 Census Bureau Report on Adding Gender Identity to CPS [81]
In addition to advocating for the national collection of gender identity, there is the opportunity for New York State to expand data collection at its agencies. In November 2023, Governor Hochul signed legislation (A358/S3225; Chapter 674 of the Laws of 2023) to allow New York State agencies to collect demographic data related to sexual orientation and gender identity or expression. The legislation also requires guidance to be issued for state agencies in their compliance with the law. The Department applauds this achievement and encourages state agencies to prioritize the expansion of SOGI data collection using evidence-based research, best practices, and input from the TGNCNB community.
Support The TGNCNB Population With Workforce Development Programs
Barriers to employment, especially discrimination, severely limit the ability of TGNCNB individuals to obtain and keep a job. The most important thing New York State can do is help members of the TGNCNB community find affirming employment.
Host Job Fairs With Trans-Affirming Employees
The State of New York can take a step toward addressing the discrimination faced by TGNCNB individuals during job interviews and applications by hosting a job fair with TGNCNB affirming employers. TGNCNB New Yorkers need to feel safe during the application process, which can help reduce the pressure on community members to decide how open they are about their identity during job interviews. Safety and security concerns are also a major issue when working for an employer that is not inclusive of the TGNCNB community. “Limited access to workplaces that are affirming and inclusive puts TGNCNB people at greater risk for poverty, homelessness and criminalized work.”[82]
The Department regularly hosts career fairs, virtually and in person, during the year. In 2022, the Business Services team at the Department hosted 130 total job fairs, engaging approximately 6,000 businesses and 50,000 job seekers. Through public engagement, the Department heard that the TGNCNB community often keeps informal lists of employers who are trans-inclusive. Working with leading service providers in the TGNCNB community, the Department will create guidance on best practices for employers that wish to be trans-inclusive and affirming. Members of the TGNCNB community and the Department’s Business Services team will then engage with employers to invite those that adopt these best practices to participate in the TGNCNB job fair. Service providers outside the New York City area spoke of the important role SUNY campuses play in offering resources to the TGNCNB community, and the Department recommends working closely with SUNY to recruit both employers and job seekers from the TGNCNB community. With this employer list, the Department proposes its Business Services team will host state-wide virtual career fairs every year targeted at the TGNCNB population. The Department can advertise this job fair through TGNCNB service providers. The job fair will alleviate some of the fears many TGNCNB individuals feel during the job application process and provide opportunities to apply to employers that are more affirming and inclusive of trans employees.
Expand Funding For Workforce Training & Entrepreneurship For TGNCNB Individuals
As a State, New York should provide avenues for TGNCNB individuals to obtain the education, training, and skills they have been denied due to discrimination by dedicating funding for TGNCNB workforce training. The State should also take steps to support those TGNCNB New Yorkers creating their own affirming employment opportunities through entrepreneurship. Although GENDA has been in effect since 2019, TGNCNB New Yorkers continue to feel the impact of years of discrimination leading some to prefer self-employment while others find it difficult to advance in their careers.[83]
To provide access to workforce training for TGNCNB individuals, and to uplift TGNCNB employers, New York State should consider expanding the Lorena Borjas TWEF to invest in the employment needs of TGNCNB New Yorkers. An additional $1 million in funding could support TGNCNB-led organizations throughout New York State that provide culturally competent workforce development training for members of the TGNCNB community. This additional funding should be designated for these organizations and the work they are already doing. This funding should also be made available to assist TGNCNB entrepreneurs in need of skill-based trainings or community building to achieve successful self-employment. Supporting these TGNCNB-led organizations and businesses is a commitment to improving economic outcomes for TGNCNB New Yorkers.
Because of the level of misunderstanding and discrimination many in the TGNCNB community experience, workforce development and entrepreneurial training that can provide networking and community relationships with other TGNCNB participants, as well as affirming employers, are essential to finding successful employment.[84] A workforce development training program aimed at the TGNCNB population should include additional training beyond the standard skills-based education and soft skills training on interviewing and resume writing. Incorporating education on GENDA and gender discrimination protections, as well as skills around navigating a hostile workplace or moving on from underground economic activities is essential to this population. Building community relationships in addition to skill development are key to shifting TGNCNB individuals toward economic security.[85]
Require Gender Identity And Discrimination Training For All
A lack of cultural competency around gender identity and expression contributes to the employment barriers experienced by TGNCNB individuals. New York State should take steps to address this through required trainings in the workplace. In 2018, New York State enacted nation leading legislation to prevent sexual harassment at work. One aspect of New York’s sexual harassment legislation that made it groundbreaking was the requirement for all employers, regardless of size, to adopt a sexual harassment prevention policy and host an annual training for all employees.[86] Mandated training and a policy are essential to employees knowing their rights and understanding the rights of their coworkers.
A major hurdle to the success of GENDA is a lack of awareness and education regarding the rights GENDA affords to TGNCNB individuals. When the burden is on the employee to know their rights and file a discrimination complaint, this puts them at risk for illegal firings or retaliation. Robust awareness efforts must be made to lessen this burden.[87]
More broadly, hostile anti-trans rhetoric thrives when education and understanding is lacking. Even well-meaning employers and co-workers may be unfamiliar with appropriate cultural competency regarding gender identity and expression. Proactive education that increases public understanding about gender can help. A shared vocabulary in the workplace is crucial to creating open and affirming employment experiences. There is potential to erase or overlook the negative experiences of TGNCNB co-workers because some do not have the words to talk about it or are “afraid they’ll cause offense by getting the words they don’t know wrong.”[88]
The most popular proposed policy recommendation among the Department’s focus groups was requiring gender identity education in the workplace. While education is not a cure-all, there was a sentiment from the focus groups that there will be no improvement in TGNCNB employment experiences until society respects transgender people. For that reason, the Department recommends the State consider developing legislation requiring an annual Gender Identity and Discrimination training for all employers, regardless of size. Such training should be a standalone course separate from the currently mandated sexual harassment training, as the Department recommends this training move beyond the anti-discrimination protections provided by GENDA and should include information regarding gender identity and expression more broadly. Cultural competency is essential to creating a workplace where TGNCNB individuals feel safe.
Similar to the sexual harassment legislation passed in 2018, the Department recommends that the state draft a model training to be used by those employers that do not have their own gender identity cultural competency training. This will be essential for smaller businesses that do not have access to human resource professionals for such work. The Department also recommends that individuals with trans experience be consulted in developing such training. Representation is important and members of the TGNCNB community are best able to speak to what is needed to achieve better cultural competency around gender.
Bolster GENDA Awareness & Enforcement
Enforcement of GENDA remains a concern in the TGNCNB community. Discrimination based on gender identity can be difficult to prove, and knowledge around the protections GENDA offers is often limited. For GENDA to reach its full potential, it must be understood and accessible to those it is meant to protect. Alerting all New Yorkers to the protections under GENDA and the consequences for violating the law could lead to an increase in the number of GENDA-related complaints filed with DHR and, in turn, an increased enforcement impact, including through potential financial awards and policy changes in cases where discrimination is found.[89]
To work toward increased awareness regarding GENDA, the Department recommends the development of an employer awareness campaign and distribution of educational materials regarding gender identity and GENDA to all employers in New York State. These materials should be designed to be shared with all employees, especially human resources staff. Materials should also outline types of discrimination prohibited under GENDA as well as how an individual may enforce their rights under GENDA.[90], [91]
Additionally, the State should explore increasing civil penalties for violating the New York State Human Rights Law. Since 2009, NYS DHR has had the authority to assess civil penalties against employers who commit unlawful discrimination but the caps on these fines have not been increased since the law passed almost 15 years ago. Enhancing penalties for discrimination can serve as a deterrent for employers and encourage employers to educate themselves on gender identity competency. It will also demonstrate a commitment by the State to creating a just and equitable experience for all New Yorkers. Due to past harms, vulnerable populations, including the TGNCNB community, do not always trust that contact with government agencies will be positive.[92] Enhancing penalties for violations to the State’s Human Rights Law will take steps toward strengthening the State’s commitment to protecting these communities.
Alleviate Barriers To Legal Documentation
Making it easier to change one’s legal name and gender marker helps ensure a diverse and inclusive workforce. Not having legal identification that matches one’s gender identity is a critical barrier to employment experienced by TGNCNB individuals. Identification that reflects one’s gender identity can play an important role in reducing workplace discrimination and violence.[93] It also allows TGNCNB individuals the freedom to decide whether to share their trans experience in the workplace. A lack of appropriate identity documents is a deterrent for many people from applying for jobs, school, and certification programs.[94]
With the recent enactment of the Gender Recognition Act, legally changing one’s name and gender marker in the State is easier. An individual born in New York State and living in the state can correct the gender marker on their state issued identity documents, such as their driver’s license and birth certificate with self-attestation rather than a court order or doctor’s note. At the same time legal name changes no longer require a publication requirement. Still, those seeking to change their name and gender marker must separately visit each state agency individually and request a change, such as the NYS DMV for driver’s licenses or NYS DOH for birth certificates. . Keeping track of the different processes for legal transitions can be intimidating, and the State should explore the possibility of streamlining the process across agencies.[95]
There are additional potential steps for New York State to take to continue its leadership in eliminating obstacles to legal transitions. The Department recommends a multi-agency partnership to develop an education campaign regarding the important gains obtained through the Gender Recognition Act. Through engagement with service providers and members of the community through focus groups, the Department found a lack of cohesive knowledge regarding these gains. Awareness around the new simplicity surrounding paperwork for New York State issued IDs can go a long way in alleviating potential fear as well as the cost. For those that feel they need to hire a lawyer to help with updating identity documents, a plain language guide can make clear that legal counsel is not required to complete the required state paperwork.
Anecdotal data gained through research for this report suggests understanding of gender identity and expression, as well as the new requirements under the Gender Recognition Act, are lacking among New York State employees. Cultural competency is essential to ensuring any individual of trans experience seeking a name or gender marker change is not discouraged due to potential poor treatment by the state. In addition to a state-wide education campaign aimed at TGNCNB individuals and service providers regarding the gains under the Gender Recognition Act, the Department also recommends mandatory training on the requirements under the Gender Recognition Act for state workers who interact with TGNCNB people during the legal transition process.
Cost remains one of the greatest barriers to pursuing a legal transition, with application fees as high as $210 for a name change alone.[96] Many courts do provide the opportunity for a fee waiver for name change applications, but this is not the case for those seeking to change their driver’s license or birth certificate; those applications come with additional fees.[97] Understanding the higher probability of poverty among the TGNCNB community, as discussed earlier in this study, it must be acknowledged that any cost for a legal transition might prove prohibitive for some members of the TGNCNB community. For that reason, New York State should explore ways to reduce fees regarding gender affirming name and gender marker changes.
Additional barriers to achieving affirming legal identification, such as distrust of the court system due to past harm,[98] housing insecurity (as applications require a permanent address), and potential lack of documentation (such as proof of birth due to asylum status) persist despite the gains of the Gender Recognition Act. Currently, anti-trans legislation in other states has focused on legal identification. For Example, both Tennessee and Florida have passed legislation prohibiting anyone from updating their birth certificate for any reason, a way to prevent TGNCNB individuals born in these states from completing their legal transition. The Department recommends continued TGNCNB stakeholder engagement with this community for the purpose of exploring potential solutions to address these challenges.
Establish New York State As A Model Employer And Service Provider To TGNCNB New Yorkers
New York State is one of the largest employers in the state and and has already taken steps to strengthen inclusion and equity for TGNCNB employees. In 2020, New York State rolled out the Gender Identity Toolkit, which is a training resource that all State employees are required to review. The toolkit outlines existing protections for TGNCNB individuals and best practices for supporting TGNCNB employees in the workplace. Also in 2020, New York State enacted legislation requiring that all single-occupancy bathrooms in state-owned or operated buildings be designated as gender neutral. In 2021, New York State issued guidance to State agencies about drafting measures without the use of gender specific language, such as gender specific pronouns and nouns. Building on this guidance, in early Governor Hochul signed legislation requiring state agencies to avoid the use of gender-specific language on website content created after the effective date and to issue guidance to state agencies on complying with these requirements. In November 2023, Governor Hochul announced further actions to strengthen New York State as a model employer for TGNCNB employees, including releasing an email pronoun guide and guidance directing agencies to utilize a new standard sign for single occupancy, gender-neutral bathrooms in state-owned or operated facilities.
New York State can continue to strengthen its work in this area to ensure it is a model employer to the TGNCNB community and an example for other employers throughout the state. The Department recommends that New York State consider taking the following steps.
- Expand training and education opportunities for State staff about gender identity concepts, protections, and best practices.
- Ensure that agencies integrate best practices on avoiding unnecessary gender specific language into training for customer service staff.
- When providing services to the public, agencies can and should assess opportunities for customers to indicate a chosen name and/or pronouns when relevant and possible during customer service interactions and agency forms.
- State employees can already utilize a chosen name in their work email address, business cards, and other areas. However, there are many other employment-related systems that employees use. The Department recommends New York State review employment-related systems and processes that require name and gender information and look for opportunities to expand the number of systems in which employees can utilize a chosen name, rather than a legal name. Agencies should also assess hiring and onboarding processes to:
- Ensure that TGNCNB employees do not face unnecessary barriers concerning deadnames.
- Better integrate an employee’s chosen name during orientation and account setup wherever possible, rather than assuming from a job application how someone wants to be addressed.
- Ensure employees and clients know where to access the gender-neutral restrooms that are available in agency buildings.
- All state agencies must post their non-discrimination policies in a prominent location and share with employees annually.
- The New York State Gender Identity Toolkit includes information and guidance to agencies on supporting a TGNCNB employee who is transitioning in the workplace. State agencies should ensure that employees, particularly HR professionals, understand the requirements of the Toolkit and know how to assist a TGNCNB employee with needs they may have related to their transition, such as updating employment systems and requesting leave for gender-affirming care. As outlined in the Gender Identity Toolkit, agencies should emphasize that information about an employee’s gender identity, expression, sex assigned at birth, medical information, and transgender identity constitutes confidential medical information that is protected under various state and federal laws and cannot be shared without the TGNCNB employee’s consent.
- Provide information regarding the legal name change and gender marker process in all agency spaces available to the public.
- New York State agencies provide health benefit plans that cover gender-affirming or transition-related care. Agencies should ensure that employees know about these benefits and how to access them and assess how benefits impact employees with diverse family structures.
Simplify The State Procurement Process
The state procurement process is complicated and smaller organizations describe facing barriers to applying or receiving contracts. As has been described in this report many TGNCNB workers decide to work for themselves in various industries, to avoid discrimination and microaggressions in predominately cisgender- work environments.
The Department recommends the state consider steps to make this process easier for TGNCNB business owners, as well as any small company without a large legal team or contract expertise, who would like to do business with the state:
- Adopting plain language in bid materials and application forms, where feasible.
- Providing better guidance during the application completion process, including plain language responses to questions.
- Re-evaluating insurance requirements for certain contracts to reduce costs for small businesses.
- Expand opportunities to submit documents virtually, rather than by mail.
- Conduct outreach targeting small business owners about the State’s MWBE certification program to diversify the state’s contract awardees, including information about State partners that provide technical assistance to applicants.
Reduce Barriers to Employment Due to Justice Involvement
Ban The Box and Fair Chance Act
In the past approximately ten years, “Ban the Box” (BTB) laws have become a popular piece of legislation in states and municipalities across the US as an additional way to address employment barriers experienced by justice-involved individuals. BTB laws prevent employers from making candidates disclose arrests or convictions on job applications. This can help prevent employers from pre-judging applicants based on their past criminal record and allows candidates to disclose—at their discretion—their past arrests or convictions.
The BTB laws are enforced differently in different jurisdictions, but such laws generally only allow employers to see an applicant’s criminal or arrest record after making a conditional offer to the candidate. For the BTB law in NYC, called the Fair Chance Act and passed in 2015[101] if a conviction is relevant to the line of work the applicant is applying to, the employer may reject the candidate, but they must also notify the candidate of the reason they were rejected and give them five days to respond. These laws emphasize the relevance of the setting and situation surrounding the crime and possible rehabilitation.
New York State is among 37 other states, and over 150 cities and counties, where policymakers have embraced BTB legislation for public government jobs.[102] In 2019, with the Fair Chance to Compete for Jobs Act, the federal government passed the same law for federal public employees and contractors. However, BTB laws for private employers have not made the same progress. Only 15 states and 22 municipalities, including NYC, have passed BTB laws for private employers. Expanding BTB laws to the private sector in NYS could help remove one more barrier to employment for justice-involved TGNCNB people.
More importantly, by signing the Clean Slate Act in November 2023, Governor Hochul has taken an essential step in eliminating potential employment barriers experienced by TGNCNB New Yorkers. Clean Slate requires the sealing of certain criminal records following an individual’s release from any incarceration: eligible misdemeanor convictions will be sealed three years after release, and eligible felony convictions will be sealed eight years after release – on the condition that the individual convicted of the offense has not committed an additional crime in the intervening period.
People who have been to prison lose an average of $484,400 in income over their lifetime, to say nothing of the disproportionate number of people of color who have served time. TGNCNB New Yorkers with these types of convictions will benefit from this reform. The presence of criminal records enhances the already trying process of background checks for people of trans experience.
A Special Thank You To Our Contributors
This report would not be possible without the over 380 TGNCNB community members who shared their stories with the Department, as well as the 30+ community organizations, academics, and professionals who shared their experiences and data. Commissioner Reardon would like to thank:
- Key Members of The Governor’s LGBTQ Constituency Team:
- Ron Zacchi, Director, LGBTQ Affairs
- Chanel Lopez. Deputy Director, LGBTQ Affairs
- The Governor’s Office of Diversity and Inclusion. In particular:
- Priya Nair, Deputy Chief Diversity Officer
- Jea Frasier, Senior Policy Advisor for Diversity, Equity, and Inclusion
- Daniel Dobies, Marsha P. Johnson, Sylvia Rivera, and Edie Windsor LGBTQ+ Fellow
- The New York State Department of Labor’s Policy, Strategy and Research Team
- The New York State Division of Human Rights
- The New York State Department of Civil Service
- The New York State Department of Health
- New York Transgender Advocacy Group. In particular:
- Kiara St James, Founder and Co-Executive Director
- The New York State LGBT Health & Human Services Network. In particular:
- Vladimir Tlali, Director
- The TGNC Advocacy Committee
The National Center for Transgender Equality
and the US Trans Survey teamZebra Strategies
In addition, below a list of organizations that the Department engaged with in preparation for, and throughout this report. The Department acknowledges and appreciates these groups for sharing their experiences and time.
- Adirondack North Country Gender Alliance
- Ali Forney Center
- Ts Candii, Black Trans Nation
- Capital Pride Center
- Destination Tomorrow
- Empire Justice Center
- Equality New York
- Gender Equality New York
- The Legal Aid Society
- The Lesbian Gay Bisexual Transgender Community Center (NYC)
- The LGBT Bar Association of Greater New York
- LGBTQ Program at the Volunteer Lawyers Project of Onondaga County
- The LOFT LGBTQ+ Community Center
- New Pride Agenda
- Pride at Work – Rochester Finger Lakes Chapter
- The Richard C. Failla LGBTQ Commission of the NYS Courts
- SAGE and the SAGE Center of Excellence
- Teri Wilhelm, TGNC Employment Navigator, Albany Damien Center
- TransNewYork, Inc.
- Translatinx Network
- Williams Institute of UCLA Law School
- Whitman-Walker Institute
End Notes
Glossary of Terms
Below is a list of terms and their definitions often used when discussing the transgender, gender non-conforming and non-binary (TGNCNB) community that will be mentioned throughout this report. Many of these terms’ definitions are taken from the NYS Gender Identity Toolkit Language Primer
- AFAB (Assigned Female at Birth): Acronym meaning “assigned female at birth.” Sex classification at birth is usually based on physical anatomy, genitalia, and karyotyping (genetic testing).
- AGAB (Assigned Gender at Birth): This refers to the gender that the doctor wrote on an individual’s birth certificate.[18]
- Agender: An umbrella term that includes many different genders of people who identify as having no gender or having a gender that they describe as neutral. Many agender people also identify as transgender.
- AMAB (Assigned Male at Birth): Acronym meaning “assigned male at birth.” Sex classification at birth is usually based on physical anatomy, genitalia, and karyotyping (genetic testing).
- Birth Name: A term used by people who have changed their name to reference the name they were given at birth. Many members of the TGNCNB communities do not like to have their birth name referenced and find it to be upsetting and disrespectful for others to do so.
- Cis or Cisgender: A term used to describe a person whose gender identity aligns with what is expected of them in their culture based on the sex assigned to them at birth. The prefix cis- means “on this side of” or “not across.”
- Deadname/Deadnaming: A term used by some people, who have changed their name, to reference the name they were given at birth (see Birth Name). Many members of the TGNCNB communities do not like to have their deadname referenced and find it to be upsetting and disrespectful for others to do so.
- Gender: A term referring to the socially constructed system of categorizing people according to a range of characteristics often associated with masculinity or femininity. These characteristics may include social structures, attitudes, feelings, behaviors, and/or appearance. Different cultures and societies have different understandings of gender.
- Gender Binary: A system of viewing gender as consisting of two, opposite categories, termed “male and female,” in which no other possibilities for gender or anatomy are recognized.
- Gender Dysphoria: A condition that affects many transgender people before they transition (begin living as their authentic selves). It describes a sense of unease regarding the mismatch between assigned sex and gender identity — and it can occur at any point during life, from childhood to adulthood. Left untreated, gender dysphoria can lead to severe emotional and psychological distress. [19]
- Gender Expression: External appearance of one’s gender identity, usually expressed through behavior, clothing, haircut, and/or voice. It may or may not conform to socially defined behaviors and characteristics typically associated with the sex assigned to an individual at birth.
- Gender Fluid: A person whose gender identity and presentation shifts or is not fixed.
- Gender Identity: An individual’s concept of self as male, female, a blend of both, or neither. One’s gender identity can be the same or different from their sex assigned at birth. An individual’s gender identity may be consistent for their whole life or may change over time.
- Gender Minority: Individuals whose gender identity (man, women, another gender identity) or expression (masculine, feminine, another gender expression) is different from their sex (male, female) assigned at birth. This term is often used in contrast to the gender majority, which are people who identify as the same gender they were assigned at birth (cis men and women).[20]
- Gender Non-Conforming (GNC): A broad term referring to people who do not behave in a way that conforms to traditional or societal expectations of their gender. It also includes people whose gender expression does not fit neatly into any one category. Expectations of gender vary across cultures and have changed over time.
- Intersex: People born with a variety of differences in their sex traits and reproductive anatomy. There is a wide variety of difference among intersex variations, including differences in genitalia, chromosomes, gonads, internal sex organs, hormone production, hormone response, and/or secondary sex traits.
- LGBTQ+: An acronym commonly used to represent the lesbian, gay, bisexual, transgender, and queer communities. Other variations exist, including LGBT and LGBTQIA (referring to intersex and asexual). They all refer to the communities of people who do not identify as heterosexual, do not identify as cisgender, or do not identify as either.
- Misgendering: Attributing a gender to someone that is incorrect or does not align with their gender identity.
- Microaggression: A comment or action that subtly and often unconsciously or unintentionally expresses a prejudiced attitude toward a marginalized group member (such as a racial or gender minority).[21]
- Non-Binary (NB or Enby): An adjective describing a person who does not identify solely as a man or a woman, but may identify as both, as a combination, and/or as another gender. Many non-binary individuals also identify as transgender, but some do not. Non-binary can also be an umbrella term encompassing identities such as agender, bigender, genderqueer or gender-fluid.
- Out: The status of making one’s sexual orientation or gender identity known to others. An individual may choose to be out in some situations (such as among friends), but not others (such as at work).
- Outing: The act of exposing someone’s lesbian, gay, bisexual, or transgender identity to others without their permission.
- Passing: A term often used to express being seen and treated as cisgender. The term was originally used to talk about Black people who could be perceived and treated as white and continues to be used in both instances today.[22]
- Queer: The term queer can include a variety of sexual orientations and gender identities that are anything except heterosexual and cisgender. In the past, the word queer was used to hurt and insult people. Some people find it offensive, particularly those who remember when the word was used in a painful way. Others use the word with pride to identify themselves. If you are unsure if it is appropriate to use queer to describe a person or a group of persons, ask them what label(s) they use for themselves.
- Sex: The classification of people as male, female, or intersex, based on physical anatomy, genitalia at birth, and/or karyotyping. One’s sex does not determine their gender, gender identity, or gender expression.
- Sex Assigned at Birth: The sex, male, female, or intersex, that a doctor or midwife uses to describe a child at birth based on their external anatomy.
- Sexual Orientation: Sexual orientation refers to an individual’s attraction to another person romantically, emotionally, and sexually. Common sexual orientations include heterosexual (straight), gay, lesbian, bisexual, and asexual. Note: Sexual orientation is different than gender identity. Sexual orientation is about who you want to be with. Gender identity is about who you are. This means that being transgender is not the same thing as being gay, lesbian, or bisexual, although some transgender individuals also identify as gay, lesbian, bisexual, queer, or asexual. Every individual has both a sexual orientation and a gender identity.
- Stealth: A transgender person choosing to be known (or Passing) universally as a cisgender person of their gender. Their transgender status may only be known by a select few in their life.[23]
- Trans/Transgender: An umbrella term for people whose gender identity and/or expression is different from cultural expectations based on their sex classification. Transgender is often abbreviated to trans. Being transgender does not imply any specific sexual orientation. Transgender people may identify as straight, gay, lesbian, bisexual, et cetera.
- Transitioning: The processes by which an individual changes from one gender to another. There are three general aspects to transitioning: social (e.g., name, pronouns, interactions), medical (e.g., hormones, surgery), and legal (e.g., gender marker, name change). A trans individual may pursue any combination, or none, of these as part of their transition.
- Two-Spirit: an intertribal umbrella term that serves as an English-language placeholder for tribally specific gender and sexual orientation identities that are centered in tribal worldviews, practices and knowledges. Tribes have their own specific term for gender statuses. Many go beyond the binary and are part of a holistic view of personhood that encompasses not only gender but also a social and cultural position that shapes and defines all aspects of life. Two-Spirit is a way to reference Indigenous identities, practices, and traditions. It is a term that is exclusively used by members of the indigenous community.[24]
Footnotes
[1] Governor’s Press Office, “Governor Hochul Signs Legislation Aimed at Addressing Economic Inequities Facing Transgender New Yorkers | Governor Kathy Hochul,” New York Governor Kathy Hochul, August 2022, https://www.governor.ny.gov/news/governor-hochul-signs-legislation-aimed-addressing-economic-inequities-facing-transgender-new. Governor’s Press Office.
[2] NYS DHR, “Human Rights Law Protections for Gender Identity & Expression,” Division of Human Rights, 2019, https://dhr.ny.gov/genda
[3] See, New York State Session Laws, Chapter 23 of the Laws of 2021.
[4] See New York State Session Laws, Chapter 159 of the Laws of 2021, and Chapter 163 of the Laws of 2022.
[5] Jaclyn Diaz, “New York Repeals ‘Walking While Trans’ Law,” NPR, February 2021, sec. Law, https://www.npr.org/2021/02/03/963513022/new-york-repeals-walking-while-trans-law. Diaz.
[6] Governor’s Press Office, “Governor Hochul Signs Legislation in Honor of LGBTQ+ Pride Month and Empowers New York State Agencies to Provide More Support to LGBTQ+ New Yorkers | Governor Kathy Hochul,” governor.ny.gov, June 2022, https://www.governor.ny.gov/news/governor-hochul-signs-legislation-honor-lgbtq-pride-month-and-empowers-new-york-state-agencies.
[7] See New York State Session Laws, Chapter 143 of the Laws of 2023.
[8] Giulia Heyward, “NY Designates State a ‘Safe Haven’ for Trans Youth, Families and Health Providers – Gothamist,” News, Gothamist, June 2023, https://gothamist.com/news/ny-designates-state-a-safe-haven-for-trans-youth-families-and-health-providers. Heyward.
[9] Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “New York State LGBTQ+ Health and Human Services Needs Assessment: 2021 Community Survey” (The New York State Network for LGBTQ Health and Human Services, 2022). Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J,.
[10] Caroline Medina and Lindsay Mahowald, “Discrimination and Barriers to Well-Being: The State of the LGBTQI+ Community in 2022,” Center for American Progress (blog), January 2023, https://www.americanprogress.org/article/discrimination-and-barriers-to-well-being-the-state-of-the-lgbtqi-community-in-2022.
[11] Cullen Peele, “Roundup of Anti-LGBTQ+ Legislation Advancing In States Across the Country,” Human Rights Campaign, May 2023, https://www.hrc.org/press-releases/roundup-of-anti-lgbtq-legislation-advancing-in-states-across-the-country.
[12] Public Comment refers to the NYS DOL Online Public Comment form available March 2023 – September 2023. All gender identities and races are self reported. Everyone quoted consented to have their comments included in the report.
[13] Medina and Mahowald, “Discrimination and Barriers to Well-Being.” Medina and Mahowald.
[14] Andrea Bowen, “Work It, NYC: A Comprehensive Guide to LGBTQI+ Workplace Inclusivity” (NYC Unity Project & NYC Center for Youth Employment, June 2023), https://lgbtqwork.cityofnewyork.us/DOH_Unity_Project_Workforce_Manual.pdf. Bowen.
[15] Meeting with National Center for Transgender Equality, Microsoft Teams, November 2022. Meeting with National Center for Transgender Equality.
[16] Because the gender binary lines up with the understanding of biological sex traits, sex and gender are often conflated. The Intersex or DSD population is a minority population defined by sex traits, not gender. Intersex individuals have sex traits that do not all correspond to a single sex. People with intersex traits face discrimination and mistreatment by medical professionals as well as non-voluntary medical interventions. Society’s conflation of sex and gender leads to a frequent confusion between the intersex and transgender population, but the two are distinct and generally unconnected. As this report seeks to concentrate on the impact of gender identity on employment experiences, intersex individuals are not included in the study.
[17] Bowen, “Work It, NYC: A Comprehensive Guide to LGBTQI+ Workplace Inclusivity.” Bowen.
[18] “AGAB / DGAB / IS » The Trans Language Primer,” August 2021, https://translanguageprimer.com/agab/. “AGAB / DGAB / IS » The Trans Language Primer.”
[19] “Glossary of Terms,” Human Rights Campaign, n.d., https://www.hrc.org/resources/glossary-of-terms; “Transgender and Gender Diverse Pharmacy Resource Guide – HRC Foundation,” accessed March 1, 2023, https://www.thehrcfoundation.org/professional-resources/transgender-pharmacy-guide.
[20] “Terminology | DASH,” Centers for Disease Control and Prevention, December 2022, https://www.cdc.gov/healthyyouth/terminology/sexual-and-gender-identity-terms.htm. “Terminology | DASH.”
[21] “Microaggression Definition & Meaning – Merriam-Webster,” accessed September 8, 2023, https://www.merriam-webster.com/dictionary/microaggression. “Microaggression Definition & Meaning – Merriam-Webster.”
[22] “Passing » The Trans Language Primer,” August 2021, https://translanguageprimer.com/passing/. “Passing » The Trans Language Primer.”
[23] “Stealth » The Trans Language Primer,” August 2021, https://translanguageprimer.com/stealth/. “Stealth » The Trans Language Primer.”
[24] National Academies of Sciences, Engineering, and Medicine, Measuring Sex, Gender Identity, and Sexual Orientation, ed. Nancy Bates, Marshall Chin, and Tara Becker (Washington, DC: National Academies Press, 2022), http://nap.nationalacademies.org/26424. National Academies of Sciences, Engineering, and Medicine.
[25] “How the Government Measures Unemployment : U.S. Bureau of Labor Statistics,” accessed October 5, 2023, https://www.bls.gov/cps/cps_htgm.htm. “How the Government Measures Unemployment.”
[26] Jessica L Holzberg et al., “Assessing the Feasibility of Asking About Gender Identity in the Current Population Survey: Results from Focus Groups with Members of the Transgender Population” (Washington, DC: Office of Survey Methods Research, U.S. Bureau of Labor Statistics, April 2018), https://www.census.gov/content/dam/Census/library/working-papers/2018/adrm/rsm2018-05.pdf. Holzberg et al.
[27] “Current Measures of Sexual Orientation and Gender Identity in Federal Surveys,” Federal Interagency Working Group on Improving Measurement of Sexual Orientation and Gender Identity in Federal Surveys, August 2016. “Current Measures of Sexual Orientation and Gender Identity in Federal Surveys.”
[28] Explore more about the Household Pulse Survey here: https://www.census.gov/data/experimental-data-products/household-pulse-survey.html
[29] Explore more about BRFSS here: https://www.cdc.gov/brfss/index.html
[30] NYS Department of Health, “2022 New York State Behavioral Risk Factor Surveillance System,” Brief (Albany, NY, 2022), https://www.health.ny.gov/statistics/brfss/reports/docs/2022-16_brfss_sogi.pdf.
[31] Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.” Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J,.
[32] Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.” “Network Needs Assessment.” Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J,. “Network Needs Assessment.”
[33] NYS Department of Health, “NYS BRFSS 2022.”
[34] Includes respondents identifying as Asian, Pacific Islander, Native American or Multiracial, and non-Hispanic
[35] Includes respondents from the 5 boroughs of New York City, Nassau and Suffolk counties
[36] “NYS Economy Added 22,100 Private Sector Jobs in December 2022,” New York State Department of Labor, January 2023, https://dol.ny.gov/system/files/documents/2023/01/nys-economy-added-22100-private-sector-jobs-in-december-2022.pdf. “NYS Economy Added 22,100 Private Sector Jobs in December 2022.”
[37] The Census Bureau considers estimated coefficients of variation (the standard error divided by the estimate) over 30% to indicate serious data quality issues related to sampling error. The estimated coefficient of variation of the transgender population estimate in NYS for week 52 is 63.4%, and the employment loss estimate for the transgender population has an associated coefficient of variation of 96.2%, meaning these estimates are highly unreliable.
[38] Since the coefficient of variation is less than 30% for the US number, this is a more reliable statistic.
[39] NYS Department of Health, “NYS BRFSS 2022.” Albany, NY. 2022.
[40] Due the small size of the transgender sample, the 95% confidence interval for the transgender population estimates for each data point in this data set is large. Generally, it is a best practice not to meaningfully compare data when a confidence interval for one point is so broad it includes the estimate for the other data set. Readers should use caution when viewing this data.
[41] NYS Department of Health, “NYS BRFSS 2022.”
[42] Includes respondents indicating they are homemakers, retired, students or unable to work.
[43] Please note that the Needs Assessment data is looked at here divided by gender identity, and not sexual orientation. The Needs Assessment surveys people across the LGBTQ+ spectrum. Most respondents are cisgender, and identify as LGBQ+, so not a sexual orientation that is heterosexual (straight). This is a major difference between the BRFSS and HPS, as most of the general population identified as cisgender in these surveys is assumed to be heterosexual.
[44] Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.” Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J,.
[45] National Center for Transgender Equality, “2015 US Transgender Survey: New York State Report” (Washington, DC: National Center for Transgender Equality, October 2017), https://transequality.org/sites/default/files/USTS%20NY%20State%20Report%20(1017).pdf. National Center for Transgender Equality.
[46] NYS Department of Health, “NYS BRFSS 2022.”
[47] Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.” Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J,.
[48] Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.” “Network Needs Assessment.” Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J,. “Network Needs Assessment.”
[49] NYS Department of Health, “NYS BRFSS 2022.”
[50] Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.”
[51] Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J,.”
[52] Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.”
[53] Deena Fidas and Liz Cooper, “A Workplace Divided: Understanding the Climate for LGBTQ Workers Nationwide” (Human Rights Campaign Foundation, June 2018), https://hrc-prod-requests.s3-us-west-2.amazonaws.com/files/assets/resources/AWorkplaceDivided-2018.pdf.
[54] Please note, that all individuals quoted consented to having their comments shared. The race and gender identity included with each quote were self-identified by the individual. In instances where an individual identified as simply male or female, it was clear from their comments that they were of trans experience.
[55] Medina and Mahowald, “Discrimination and Barriers to Well-Being.”
[56] National Center for Transgender Equality, “USTS NYS Report.”
[57] Human Rights Foundation, “Dismantling a Culture of Violence: Understanding Violence Against Transgender and Non-Binary People and Ending the Crisis,” HRC Digital Reports, October 2021, https://reports.hrc.org/dismantling-a-culture-of-violence?_ga=2.246870912.541212263.1695849940-1420953436.1677863823. Human Rights Foundation.
[58] David Baboolall et al., “Being Transgender at Work,” McKinsey Quarterly, November 2021, https://www.mckinsey.com/featured-insights/diversity-and-inclusion/being-transgender-at-work. Baboolall et al.
[59] Audacia Ray, Lolan Sevilla, and Teal Inzunza, “Individual Struggles Widespread Justice: Trans and Gender Nonconforming Peoples’ Experiences of Systemic Employment Discrimination in New York City” (Anti-Violence Project, December 2018), https://avp.org/employment-discrimination/. Ray, Sevilla, and Inzunza.
[60] The White House, “Memorializing Transgender Day of Remembrance: A Report from the Interagency Working Group on Safety, Opportunity, and Inclusion for Transgender and Gender Diverse Individuals,” Government (Biden-Harris Administration, November 2021), https://www.whitehouse.gov/wp-content/uploads/2021/11/Report_Memorializing-Transgender-Day-of-Remembrance_FINAL-002.pdf. The White House.
[61] Human Rights Foundation, “Dismantling a Culture of Violence.” Human Rights Foundation.
[62]Bianca D.M. Wilson et al., “LGBT Poverty in the United States,” Williams Institute, accessed April 1, 2023, https://williamsinstitute.law.ucla.edu/publications/lgbt-poverty-us/.
[63] National Center for Transgender Equality, “USTS NYS Report.” National Center for Transgender Equality.
[64] US Trans Survey 2015: Full Report. US Center for Trans Equality. https://transequality.org/sites/default/files/docs/usts/USTS-Full-Report-Dec17.pdf
[65] National Center for Transgender Equality, “USTS NYS Report.” National Center for Transgender Equality.
[66] Bowen, “Work It, NYC: A Comprehensive Guide to LGBTQI+ Workplace Inclusivity.” Bowen.
[67] Human Rights Foundation, “Dismantling a Culture of Violence.”
[68] Baboolall et al., “Being Transgender.”
[69] Jody L Herman, Andrew R Flores, and Kathryn K O’Neill, “How Many Adults and Youth Identify as Transgender in the United States?,” Williams Institute, UCLA School of Law, June 2022, https://williamsinstitute.law.ucla.edu/wp-content/uploads/Trans-Pop-Update-Jun-2022.pdf. Herman, Flores, and O’Neill.
[70] Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.”
[71]Kevin Jack, “August 2023 Issue of the Employment in New York State Newsletter,” New York State Department of Labor, August 2023, https://content.govdelivery.com/accounts/NYDOL/bulletins/36d2f95.
[72] Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.” Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J,.
[73]If you would like to read more about the sex work economy you can find out more information from the Sex Workers Outreach Project and the National Center for Transgender Equality’s report Meaningful Work, that discuss the complexities of this issue with greater detail (the 2022 US Trans Survey report when it comes out will also be a great resource).
[74] James, S. E., Herman, J. L., Rankin, S., Keisling, M., Mottet, L., & Anafi, M., “USTS Full Report 2015,” U.S. Transgender Survey (Washington, DC: National Center for Transgender Equality, 2016). James, S. E., Herman, J. L., Rankin, S., Keisling, M., Mottet, L., & Anafi, M.
[75] Erin Fitzgerald et al., “Meaningful Work: Transgender Experiences in the Sex Trade,” National Center for Transgender Equality, December 2015. Fitzgerald et al.
[76] NYS Department of Financial Services, “Transgender New Yorkers: What You Need to Know to Get Care,” Department of Financial Services, accessed September 19, 2023, https://www.dfs.ny.gov/consumers/health_insurance/transgender_healthcare.
[77] “Regional Reports – New York,” Transgender Law Center, accessed January 5, 2023, https://transgenderlawcenter.org/regional-reports-new-york/.
[78] The White House, “Recommendations on the Best Practices for the Collection of Sexual Orientation and Gender Identity Data on Federal Statistical Surveys” (Washington, DC, 2023).
[79] National Academies of Sciences, Engineering, and Medicine, Measuring SOGI. National Academies of Sciences, Engineering, and Medicine.
[80] “Current Measures of Sexual Orientation and Gender Identity in Federal Surveys.” “Current Measures of Sexual Orientation and Gender Identity in Federal Surveys.”
[81] Holzberg et al., “Asking About Gender on CPS.” Holzberg et al.
[82] Human Rights Foundation, “Dismantling a Culture of Violence.” Human Rights Foundation.
[83] New Pride Agenda and Strength in Numbers, “The State of GENDA: How New York Is Enforcing the Gender Expression Non-Discrimination Act,” December 2023, https://drive.google.com/file/d/1fDJqEnxcnaYahKcpEaS9qwtluwCJgJar/view?usp=share_link&usp=embed_facebook. New Pride Agenda and Strength in Numbers.
[84] Ray, Sevilla, and Inzunza, “TGNC Employment Discrimination in NYC.” Ray, Sevilla, and Inzunza.
[85] Ray, Sevilla, and Inzunza, “TGNC Employment Discrimination in NYC.” Ray, Sevilla, and Inzunza.
[86] New York State, “Combating Sexual Harassment in the Workplace,” NY.Gov Programs: Combatting Sexual Harassment, accessed October 4, 2023, https://www.ny.gov/programs/combating-sexual-harassment-workplace. New York State.
[87] Aurelia Glass, Sharita Gruberg, and Caroline Medina, “New Opportunities for the Biden-Harris Administration To Create Good Jobs for LGBTQI+ Workers,” Center for American Progress, April 2022, https://www.americanprogress.org/article/new-opportunities-for-the-biden-harris-administration-to-create-good-jobs-for-lgbtqi-workers/. Glass, Gruberg, and Medina.
[88] Baboolall et al., “Being Transgender.” Baboolall et al.
[89] New Pride Agenda and Strength in Numbers, “The State of GENDA.” New Pride Agenda and Strength in Numbers.
[90] An individual can hire an attorney and sue in court, or they may file a complaint with NYS DHR. Filing a complaint with NYS DHR is easy, available completely online and does not require retaining an attorney. Individuals do not need an attorney to make a claim through NYS DHR. The agency will investigate, prosecute, and adjudicate claims free of charge. In the future, if increased awareness has the desired impact on encouraging GENDA-related complaints, this may result in the need for additional funding.
[91] Please visit the NYS DHR website at https://dhr.ny.gov/complaint to learn more about how to file a discrimination claim.
[92] New Pride Agenda and Strength in Numbers, “The State of GENDA.” New Pride Agenda and Strength in Numbers, “The State of GENDA.”
[93] Ray, Sevilla, and Inzunza, “TGNC Employment Discrimination in NYC.” Ray, Sevilla, and Inzunza.
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