Your rights: Gender identity in New York

New York State has laws that protect people from being treated unfairly because of their gender identity or how they express their gender.

What do these words mean?

• Gender identity or expression: This is how a person feels about their gender and how they show it to others. It might be different from the gender they were given at birth.
• Transgender: A person whose gender identity is different from the gender they were given at birth.
• Gender dysphoria: This is a medical term for when someone feels upset because their gender identity is different from the gender they were given at birth.
• Non-binary: A person who doesn't feel they are only male or only female. They might feel like both, or somewhere in between, or something else entirely. They might use words like "they" or "them" instead of "he" or "she" when talking about themselves.

Sex and gender are different things. Sex is about the body parts you're born with, while gender is about how you feel inside and how you show that to the world. Your gender might be the same as your sex at birth, or it might be different.

What does the law say?

In New York State, it's against the law to treat someone unfairly because of their gender identity or expression. This means:

• Public places (like stores, restaurants, or schools) can't refuse to serve you or treat you differently because of your gender identity.
• You have the right to use bathrooms, changing rooms, or locker rooms that match your gender identity.
• Places can have separate bathrooms for men and women, but they must let you use the one that matches your gender identity.
• They can't force you to use a single-person bathroom just because of your gender identity.
• All public places must treat everyone equally, no matter their gender identity or expression.

What if someone treats me unfairly?

If you think a business or government agency has treated you unfairly because of your gender identity:

• You can file a complaint with the New York State Division of Human Rights.
• You can't wait too long to file a complaint. If the unfair treatment happened before February 15, 2024, you have one year to file. If it happened after February 15, 2024, you have three years to file.For help filing a complaint or if you have questions, you can call 1-888-392-3644.

You have the right to be treated fairly and with respect, no matter how you identify or express your gender.

Where can I get help?

There are many places in New York that can help you with gender identity legal issues. Here are some of them:

1. New York State Division of Human Rights
   1. They have offices in different parts of New York.
   2. You can contact them at info@dhr.ny.gov.
2. Empire Justice Center's LGBT Rights Project
   1. They give free legal help to LGBTQ people who don't have a lot of money.
   2. You can email them at LGBTQ@empirejustice.org or call (518) 935-2857.

These places are here to help if you need support or have questions.