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Why We Need GENDA

April 11, 2014

 

The Gender Expression Non-Discrimination Act
A.4226 (Gottfried)/S.195 (Squadron)

Transgender Population in NY 2010

There are over 58,000 transgender New Yorkers. [1] This figure grossly underreports the true number of transgender New Yorkers, as it only captures those people who were willing to expose their gender identity and does not represent the population of New Yorkers who are gender nonconforming and do not describe themselves as “transgender.” [2] 

Poverty

Anti-transgender discrimination perpetrated in New York State and nationally causes extreme rates of unemployment and homelessness in the transgender community. [3] Transgender people:

  • Are nearly 4 times more likely to have annual income under $10,000. [4]
  • Are unemployed at double the rate of the general population. [5]
  • Transgender people of color are unemployed at 4 times the national rate. [6]
  • Who are open about their gender identity or who are “outed” without their consent face higher rates of workplace discrimination. [7]


Homelessness

  • Economic insecurity and homelessness expose transgender people as a vulnerable population that attackers, including the police, target for hate violence. [8]
  • Transgender people who were fired due to anti-transgender discrimination are homeless at 4 times the national rate. [9]
  • Homeless shelters, far from a safe haven for transgender people, are the frequent site of gender identity-based violence, discrimination and re-victimization. [10]  The majority of transgender respondents in a national study attempting to access a homeless shelter were harassed by shelter staff or residents, while 29% were turned away and 22% were sexually assaulted by residents or staff. [11] 
  • 40% of homeless youth served by 381 service providers in a national study are LGBT (Lesbian, Gay, Bisexual, Transgender).  The majority of these youths ran away because of family rejection of their gender identity and expression or sexual orientation. [12]


Restrooms

  • There are no known incidents of transgender people attacking anyone in public restrooms, including in the 17 states and DC that prohibit discrimination based on gender identity and expression. [13]
  • In reality, the majority of violence in this context is perpetrated by non-transgender assailants against transgender people (see below).


Hate Violence

  • The most recent hate crime data shows the highest number of LGBT murders ever reported, and 40% of the victims were transgender women. [14]  In fact, gender identity/expression and sexual orientation is the second highest motivator for hate crimes—second only to race. [15]
  • 30 anti-LGBT murders were perpetrated in 2011, “the highest number of murders ever reported by NCAVP.” [16]
  • Transgender people of color are more likely to be targeted with hate and police violence, resulting in more severe injuries than similar violent incidents against white transgender people. [17]
  • Alarmingly, these stark statistics do not even capture the full reality of anti-transgender violence in America, as transgender hate crimes are vastly under-reported due to factors such as victims’ fear of violent reprisals and transphobic bias within law enforcement agencies. [18]
  • Local Murders
    • Rochester: an assailant murdered 53 year-old transgender woman Fatima Woods by stabbing her twice in the torso outside a gas station on May 30, 2013. [19]
    • Syracuse: Dwight DeLee murdered 22 year-old transgender woman Lateisha Green by shooting her at point blank range in front of family members on November 14, 2008. [20]
    • As of late August in New York City, there were a total of 75 anti-LGBT violent bias attacks, “compared to 36 reports for the same period in 2012.” [21]
      • Among the victims of these attacks is 21 year-old transgender woman Islan Nettles, beaten to death on August 17, 2013. [22]


Discrimination

  • National
    • 90% of transgender people in a national study suffered “harassment, mistreatment or discrimination” at work, compared to 15-43% of LGB people (who are protected against workplace discrimination in New York). [23]
    • Discriminatory treatment in housing is also disproportionately high for transgender people. [24]

  • New York
    • A reported 11,600 transgender New Yorkers have lost a job, 21,500 were not hired for a job, 11,600 were denied a promotion, 11,000 have been denied housing and 4,600 have been evicted due to anti-transgender bias. [25]


End Notes:
 [1] Jody L. Herman, The Williams Institute at UCLA, The Cost of Employment and Housing Discrimination against Transgender Residents of New York, 1-2, 5 (2013), http://williamsinstitute.law.ucla.edu/wp-content/uploads/Herman-NY-Cost-of-Discrimination-April-2013.pdf [hereinafter “The Cost”].
 [2] The Cost, supra note i, at 5.
 [3] National Gay and Lesbian Task Force, Injustice at Every Turn: A Report of the National Transgender Discrimination Survey, 3, 56 (2011), available at http://www.thetaskforce.org/downloads/reports/reports/ntds_full.pdf [hereinafter “Injustice”].
 [4] Injustice, supra note iii, at 2.
 [5] Injustice, supra note iii, at 3.
 [6] Injustice, supra note iii, at 3.
 [7] Movement Advancement Project, Human Rights Campaign and Center for American Progress, A Broken Bargain: Discrimination, Fewer Benefits and More Taxes for LGBT Workers, 27-8 (June 2013), available at http://www.lgbtmap.org/file/a-broken-bargain-full-report.pdf
 [8] National Coalition of Anti-violence Programs (NCAVP), Hate Violence Against Lesbian, Gay, Bisexual, Transgender, Queer, and HIV- affected Communities in the United States in 2011, 46 (2012), available at http://www.avp.org/storage/documents/Reports/2012_NCAVP_2011_HV_Report.pdf [hereinafter “Hate Violence”]; Injustice, supra note iii, at 4.
 [9] Injustice, supra note iii, at 3.
 [10] Injustice, supra note iii, at 4.
 [11] Injustice, supra note iii, at 4.
 [12] The Williams Institute at UCLA, Serving Our Youth: Findings from a National Survey of Service Providers Working with Lesbian, Gay, Bisexual, and Transgender Youth Who are Homeless or at Risk of Becoming Homeless, 4 (2012), available at http://williamsinstitute.law.ucla.edu/wp-content/uploads/Durso-Gates-LGBT-Homeless-Youth-Survey-July-2012.pdf.
 [13] Gender Rights Maryland, Inc., Gender Identity Talking Points, 3 (2014), available at http://www.genderrightsmaryland.org/joomla/images/GRMD%20Talking%20Points_2014.pdf.
 [14] Hate Violence, supra note viii, at 19.
 [15] U.S. Dep’t of Justice, Federal Bureau of Investigations, Uniform Crime Report: Incidents and Offenses, 2011, 1 (2012), http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/narratives/incidentsandoffenses_final.pdf
 [16] NCAVP, Hate Violence Against Lesbian, Gay, Bisexual, Transgender, Queer, and HIV- affected Communities in the United States in 2011, 19 (2012), http://www.avp.org/storage/documents/Reports/2012_NCAVP_2011_HV_Report.pdf [hereinafter “Hate Violence”]. 
 [17] Hate Violence, supra note viii, at 9.
 [18] U.S. Dep’t of Justice, Office of Justice Programs, Bureau of Justice Assistance, A Policymaker’s Guide to Hate Crimes, 10 (Nov. 1999), available at https://www.ncjrs.gov/pdffiles1/bja/162304.pdf.
 [19] Victoria E. Freile, Vincent Walters Accused in Fatal Stabbing of Fatima Woods, DEMOCRAT AND CHRONICLE, June 20, 2013, http://www.democratandchronicle.com/article/20130620/NEWS01/306200034/Vincent%20Walters%20Fatima%20Woods
 [20] People v. DeLee, 969 N.Y.S.2d 350 (N.Y. App. Div. 2013) (overturning hate crime conviction due to inconsistent jury verdicts).
 [21] Michael Schwirtz, Embarking on a New Life, Transgender Woman Has It Brutally Taken, NY TIMES, September 8, 2013, http://www.nytimes.com/2013/09/09/nyregion/embarking-on-a-new-life-transgender-woman-has-it-brutally-taken.html?pagewanted=all [hereinafter “Brutally Taken”]. 
 [22] Brutally Taken, supra note xxi.
 [23] Injustice, supra note iii, at 3.
 [24] Injustice, supra note iii, at 4.
 [25] The Cost, supra note i, at 2.

Author: Julia Saenz

For more information, please contact:


Milo Primeaux

Telesca Center for Justice
One West Main Street, Suite 200
Rochester, NY  14614


585-295-5721
585-454-4019
mprimeaux@empirejustice.org