New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.33 - Executive order no. 33: prohibiting discrimination in state employment on the basis of gender identity

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the State of New York has a substantial interest
					 in putting in place a workforce hired based on employees' ability to perform
					 the tasks necessary for effective job performance; and
WHEREAS, invidious discrimination is at odds with that
					 goal, and has no place in the hiring or other employment decisions of the State
					 of New York; and
WHEREAS, there are compelling arguments that discrimination
					 on the basis of gender identity is illegal under existing anti-discrimination
					 statutes, and any such discrimination will expose the State to legal liability;
					 and
WHEREAS, thirteen states and over ninety municipalities and
					 counties - including the City of New York - prohibit discrimination on the
					 basis of gender identity by statute, and numerous others have imposed such a
					 ban through executive action or policy; and
WHEREAS, many large and successful companies also have such
					 policies; and
WHEREAS, there is no evidence that any such statute or
					 policy has undermined in any way the functioning of a workplace, and to the
					 contrary anti-discrimination practices are important tools to attract and
					 retain competent and effective employees; and
WHEREAS, it is imperative that the State of New York take
					 all possible measures to end discrimination on the basis of gender
					 identity;
NOW, THEREFORE, I, David A. Paterson, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 the laws of the State of New York, do hereby order as follows:
1. For purposes of this order, "gender
				  identity" shall mean having or being perceived as having a gender identity,
				  self-image, appearance, behavior or expression whether or not that gender
				  identity, self-image, appearance, behavior or expression is different from that
				  traditionally associated with the sex assigned to that person at birth. For
				  purposes of this Order, "State agency" shall mean any department, agency,
				  division, commission, bureau or other entity of the State over which the
				  Governor has executive power.
2. No
				  State agency shall discriminate on the basis of gender identity against any
				  individual in any matter pertaining to employment by the State including, but
				  not limited to, hiring, termination, retention, job appointment, promotion,
				  tenure, recruitment and compensation.
3. All managers, supervisors and employees in
				  all State agencies shall make diligent, good faith efforts to ensure that all
				  employees are afforded equal opportunity, without regard to their gender
				  identity.
4. The Office of Employee
				  Relations, in consultation with the Executive Director of the Division of Human
				  Rights, is hereby directed to promulgate clear and consistent guidelines
				  prohibiting discrimination based on gender identity to maintain an environment
				  where only job-related criteria are used to assess employees or prospective
				  employees of the State. The Office of Employee Relations shall also implement a
				  procedure to ensure the swift and thorough investigation of complaints of
				  discrimination based on gender identity. Particular effort should be made to
				  conduct investigations with due regard for confidentiality. The terms of this
				  order shall take effect immediately, and shall be in effect irrespective of the
				  issuance of any guidelines or procedures.
Signed: David A. PatersonDated: December 16,
					 2009