New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.28 - Executive order no. 28: establishing a task force on sexual orientation discrimination

Current through Register Vol. 46, No. 28, July 10, 2024
Ours is a unique government. It was created and has been
					 preserved by people from all over the world who came here seeking one thing
					 above all others: freedom--freedom to believe and to act on those beliefs;
					 freedom that says that so long as an individual's conduct and actions remain a
					 matter of personal expression and do not deprive others of their rights, they
					 should be neither restrained nor punished by government.
Our nation values freedom so greatly, it has been written
					 into our Constitution. We all prize that freedom and millions have fought to
					 protect and to extend it.
Each generation has come to understand the basic wisdom of
					 our Constitution: that only by protecting the freedom of others can we ensure
					 it for ourselves; that to encourage or allow government to discriminate against
					 any belief or creed or private way of life would threaten us all. This is so
					 because we could never be sure which particular value would dominate government
					 at any particular point in time. Only neutrality by government was deemed safe
					 and that is what our Constitution assures.
This freedom makes us strong. It is essential to our
					 pluralism. It protects religious believers, and agnostics, and atheists, and
					 political dissenters, and conservatives and liberals, creating a nation and a
					 state where the right to live as conscience dictates is enshrined as law.
					 Because of such freedom we enjoy a cultural and religious diversity unmatched
					 by any other nation.
The freedom our Constitution grants, however, requires that
					 government exercise a degree of tolerance unthinkable in societies less open or
					 diverse than ours. It demands a tolerance for the privacy of each individual, a
					 refusal to use the state as an instrument of coercion of belief or thought,
					 however desirable the majority regards a particular belief or thought to
					 be.
Even when this freedom is unchallenged, it is so precious
					 to us all that our commitment to preserve it from encroachment by government
					 deserves constant reaffirmation and reiteration. But when this freedom is
					 questioned or when evidence of unfair discrimination exists, then our
					 reaffirmation is not an option--it is a simple necessity.
I have seen evidence of such encroachment. As Secretary of
					 State, I was required to issue special regulations to prohibit discrimination
					 against individuals seeking licenses for certain occupations or corporate
					 privileges. Up to that time such licenses were denied on the basis of sexual
					 orientation or even presumed sexual orientation. There is no reason to believe
					 that the discrimination apparent in that part of government was confined
					 there.
No one argued then against my change in the State's
					 regulations. No one was heard to say that government had no place in fighting
					 unfair discrimination. In fact, in recognition of this, a personnel directive
					 against discrimination in hiring was issued during the prior
					 administration.
I suggest, respectfully, that what was right then is right
					 now. And I believe that there is no justification for the failure to announce
					 freedom from discrimination as the policy, not just of the Department of State
					 but of this entire State government.
Indeed, the most persistent argument that has been offered
					 in opposition to my stating the views contained in this Order does not really
					 contradict any of them. Rather it says, in effect, we ought not to state this
					 constitutional truth because it may be misrepresented to be something else.
					 Specifically, it is suggested that the argument against discrimination will be
					 distorted into an argument promoting homosexuality.
The argument is beside the mark. There is no perfect
					 protection against distortion. Indeed one could as easily argue that silence on
					 this issue could be distorted into an argument promoting discrimination against
					 homosexuals.
In this case, this statement and Executive Order are clear.
					 Their essence is that our government cannot promote any religion, creed, belief
					 or life-style without thereby threatening all others.
This is an argument for securing freedom by insisting on
					 neutrality. It is a proposition that is at the very foundation of our nation's
					 strength. We ought never be embarrassed nor afraid to repeat it.
Accordingly, for all the above reasons, I am this day
					 reiterating the law set down by the Constitution of the United States and the
					 Constitution of the State of New York as the policy of this
					 Administration.
Statement of Policy
1. No State agency or department shall
				  discriminate on the basis of sexual orientation against any individual in the
				  provision of any services or benefits by such State agency or
				  department.
2. All State agencies
				  and departments shall prohibit discrimination based on sexual orientation in
				  any matter pertaining to employment by the State including, but not limited to,
				  hiring, job appointment, promotion, tenure, recruitment and compensation.
3. [FN*] The Office of Employee
				  Relations is hereby directed to promulgate clear and consistent guidelines
				  prohibiting discrimination based on sexual orientation to maintain an
				  environment where only job-related criteria are used to assess employees or
				  prospective employees of the State. The Office shall also implement a procedure
				  to ensure the swift and thorough investigation of complaints of discrimination
				  based on sexual orientation. Particular effort should be made to conduct
				  investigations with due regard for confidentiality.
4. In order to assure that we understand
				  fully the extent and nature of any discrimination that exists, I will appoint a
				  task force, including the Commissioners of the Departments of Correctional
				  Services, Health, Mental Health, Labor, Social Services and the Division of
				  Human Rights, the Superintendent of State Police, the President of the Civil
				  Service Commission, the directors of the Women's Division, the Office of
				  Employee Relations, the Division for Youth and the Office for the Aging, the
				  Chairman of the State Liquor Authority and seven private citizens whom I shall
				  designate. The task force shall submit such reports and recommendations as it
				  sees fit, dealing with individuals' rights to the benefit of government
				  services and opportunity for government service regardless of sexual
				  orientation.
I shall designate a chairperson and vice-chairperson of the
					 task force. Its members shall receive no compensation, but shall be entitled to
					 reimbursement for any necessary expenses incurred directly in connection with
					 the performance of their duties.
Signed: Mario M. CuomoDated: November 18, 1983
WHEREAS, It is appropriate to place responsibility for
					 promulgating and enforcing guidelines that prohibit discrimination based on
					 sexual orientation with the Division of Human Rights; and
WHEREAS, The State must maintain an environment where only
					 job-related criteria are used to assess employees or prospective employees, and
					 it is necessary to develop a procedure to ensure the swift and thorough
					 investigation of complaints of discrimination based on sexual orientation by
					 State agencies:
NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and laws
					 of the State of New York, do hereby continue Executive Order Number 28 dated
					 November 18, 1983, except that paragraph 3 of the Statement of Policy in such
					 Executive Order is amended to read as follows: 3. The Division of Human Rights
					 is hereby directed to review and promulgate guidelines prohibiting
					 discrimination based on sexual orientation to maintain an environment where
					 only job-related criteria are used to assess employees or prospective employees
					 of the State. The division shall also implement a procedure to ensure the swift
					 and thorough investigation of complaints of discrimination based on sexual
					 orientation. Particular effort should be made to conduct investigations with
					 due regard for confidentiality.
Signed: Mario M. CuomoDated: April 21, 1987
[FN*] [Revoked by Executive Order No. 5 (Eliot Spitzer),
					 infra.]
[Revoked by Executive Order No. 9 (David A. Paterson),
					 infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo),
					 infra.]
[FN*] [Paragraph 3 amended by Executive Order No. 28.1,
					 infra.]
[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot
					 Spitzer), infra.]
[FN[DOUBLE DAGGER]] [Revoked by Executive Order No. 9
					 (David A. Paterson), infra.]
[Revoked by Executive Order. No. 2 (Andrew M. Cuomo),
					 infra.]