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Anti-Trans Policies Draw Scrutiny After 16-Year-Old’s Death in Oklahoma

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The student, who did not identify as male or female, according to their family, died a day after an altercation in a school bathroom. The police said the death was not a result of trauma.

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Oklahoma Lawmakers File 40 Anti-LGBTQ Bills - Oklahoma Watch

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Measures proposing bans on gender-confirming care advanced in the Senate this week, offering a glimpse at what discussion of other anti-LGBTQ bills could look like this session at the state Capitol.

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Family seeks answers after nonbinary teen in Oklahoma dies following school altercation

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Advocates, lawmakers link nonbinary Oklahoma teen's death to anti-LGBTQ legislation and rhetoric

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As the shocking death of a nonbinary Oklahoma high school student reverberates through the LGBTQ community, advocacy groups and state and federal lawmakers say hateful rhetoric and laws that target LGBTQ individuals are to blame for the teenager's untimely passing. Nex Benedict, 16, was a sophomore at Owasso High School in Owasso, Okla., a Tulsa...

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National Center for Transgender Equality

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Nonbinary Defined

Most people - including most transgender people - are either male or female. But some people don't neatly fit into the categories of "man" or "woman," or "male" or "female." For example, some people have a gender that blends elements of being a man or a woman, or a gender that is different than either male or female. Some people don't identify with any gender. Some people's gender changes over time.

People whose gender is not male or female use many different terms to describe themselves, with being one of the most common (sometimes spelled with a hyphen, as "non-binary") . Other terms include genderqueer , agender , bigender , genderfluid , and more. None of these terms mean exactly the same thing - but all speak to an experience of gender that is not simply male or female. If you're not sure what a word means, you can usually just ask politely.

Why "Nonbinary"?

Some societies - like ours - tend to recognize just two genders, male and female. The idea that there are only two genders is sometimes called a "gender binary," because binary means "having two parts" (male and female). Therefore, "nonbinary" is one term people use to describe genders that don't fall into one of these two categories, male or female.

Basic Facts about Nonbinary People

Nonbinary people are nothing new. Non-binary people aren't confused about their gender identity or following a new fad - nonbinary identities have been recognized for millennia by cultures and societies around the world.

Some, but not all, nonbinary people undergo medical procedures to make their bodies more congruent with their gender identity. While not all nonbinary people need medical care to live a fulfilling life, it's critical and even life-saving for many.

Most transgender people are not nonbinary. While some transgender people are nonbinary, most transgender people have a gender identity that is either male or female, and should be treated like any other man or woman.

Being nonbinary is not the same thing as being intersex. Intersex people have anatomy or genes that don't fit typical definitions of male and female. Most intersex people identify as either men or women, though some may be nonbinary. Non-binary people are usually not intersex: they're usually born with bodies that may fit typical definitions of male and female, but their innate gender identity is something other than male or female.

How to Be Respectful and Supportive of Nonbinary People

It isn't as hard as you might think to be supportive and respectful of nonbinary people, even if you have just started to learn about them.

You don't have to understand what it means for someone to be nonbinary to respect them. Some people haven't heard a lot about nonbinary genders or have trouble understanding them, and that's okay. Identities that some people don't understand still deserve respect.

Use the name a person asks you to use. This is one of the most critical aspects of being respectful of a nonbinary person, as the name you may have been using may not reflect their gender identity. Don't ask someone what their old name was.

Try not to make any assumptions about people's gender. You can't tell if someone is non binary simply by looking at them, just like how you can't tell if someone is transgender just by how they look. A nonbinary person might appear feminine, masculine, or genderless, or show a mix of gendered ch aracteristics - and their appearance doesn't determine their pronouns.

If you're not sure what pronouns someone uses, ask. Different nonbinary people may use different pronouns. Many nonbinary people use "they" while others use "he" or "she," and still others use other pronouns. Asking whether someone should be referred to as "he," "she," "they," or another pronoun may feel awkward at first, but is one of the simplest and most important ways to show respect for someone's identity.

Advocate for non-binary friendly policies. It's important for nonbinary people to be able to live, dress and have their gender respected at work, at school, and in public spaces.

Understand that, for many nonbinary people, navigating gendered spaces - like bathrooms - can be challenging. For many non binary people, using either the women's or the men's rest room might feel unsafe, because others may verbally harass them or even physically attack them. Non binary people should be able to use the restroom that they believe they will be safest in . You can help support nonbinary people by accepting their judgment about where they feel most comfortable when dealing with spaces that are based on binary gend er distinctions .

Talk to nonbinary people to learn more about who they are. There's no one way to be nonbinary. The best way to understand what it's like to be nonbinary is to talk with nonbinary people and listen to their stories.

Related Links:

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Understanding Nonbinary People: How to Be Respectful and Supportive

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Wave of anti-LGBTQ laws passed across country

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"All 2SLGBTQ+ Oklahomans deserve the safety to thrive," reads in part Freedom Oklahoma's statement about Nex Benedict's death. "And that is becoming increasingly difficult, especially for 2SLGBTQ+ youth in Oklahoma schools who face a growing list of targeted harms from bans on access to playing sports that align with their gender, to single sex bathroom and changing room restrictions that further ostracize and endanger students, non-consensual outing by school officials, shrinking access to safe adults at schools because of mandatory outing policies, censorship in school libraries that results in less 2SLGBTQ+ representation, chilled speech that makes 2SLGBTQ+ identities all but erased in school spaces at all, and a list of newly proposed harms making their way through this session with rhetoric that drives 2SLGBTQ+ hate, especially hatred of and harms towards 2STGNC+ people."

Some outlets reported that Nex Benedict was a member of the Cherokee Nation. On Feb. 20, Chief Chuck Hoskin, Jr., the Principal Chief of the Cherokee Nation, issued a statement clarifying that "Upon searching our database, we have no indication that Nex was a citizen of the Cherokee Nation. However, Nex was a child living within our reservation and deserved love, support, and to be kept safe." The Independent 's coverage of Nex's death claims the family "trace[s] part of their roots to the Choctaw Nation."

For days following the attack, there was little news released on Nex's identity, let alone identifying Nex as the child involved. On Feb. 20, as news media caught onto the story, both Owasso Public Schools and the Owasso Police Department issued an update on the investigation into Nex's death, claiming they were still confirming the cause of death, and with the school district stating they are cooperating with authorities. The unnamed parent of Benedict's friend claimed in the above-referenced interview that "at one point, one of the girls was pretty much repeatedly beating [Benedict's] head across the floor."

"All of this takes place within the context of a Legislative session where Oklahoma policy makers are seeking to worsen the sense of isolation, erasure, and targeted harm 2SLGBTQ+ students face in an already hostile school environment," wrote Nicole McAfee of Freedom Oklahoma in an Instagram post on Feb. 19, detailing a weeks' worth of anti-LGBTQ legislation up for consideration in the state.

On Feb. 19, State Rep. Mauree Turner, Oklahoma's only nonbinary representative, held a moment of silence for Benedict on the state house floor. In a video of the moment, Quorum Call reporter Tyler Talley observed that "while many members did quiet, some [members] continued with their conversations." Last spring, Rep. Turner was censured within the Oklahoma state legislature for allowing a protester at a trans rights protest in the House to shelter in their office.

"Every day I get more angry that we, politicians, no matter your party affiliation are aiding in a transgenocide," Rep. Turner wrote in a statement posted to their Instagram. "I think about how after I read Nex's obituary on the house floor, a Democrat came to me and said well we don't know if they actually died because of the beating... But we absolutely do. Nex' death is a direct result of a failed administration in a public school that didn't value the life of a trans student. A failed administration that was empowered by a failed local government who has created open season, and more specifically a transgenocide in Oklahoma."

A GoFundMe launched by the family has recently surpassed $75,000. (Nex's deadname is listed on the GoFundMe, which the family has called an accident.) Sue Benedict told the Independent the funds will "go to children dealing with the right to be who they feel they are."

"Nex had a light in them that was so big, they had so many dreams. I want their light to keep shining for everyone," she told the Independent. "That light was so big and bright and beautiful, and I want everyone to remember Nex that way."

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Nex Benedict Died After a Bathroom Beating. Oklahoma LGBTQ+ Advocates Are Speaking Out.

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"All 2SLGBTQ+ Oklahomans deserve the safety to thrive. And that is becoming increasingly difficult."

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Oklahoma’s anti-trans bathroom bill explained

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Oklahoma Governor Kevin Stitt signed a bill in 2022 which immediately enacted an anti-trans bathroom policy in the state. Here’s what you need to know

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OKLAHOMA CITY - After two failed efforts in the state legislature to define a woman and a man based on their sex assigned at birth, Oklahoma Gov. Kevin Stitt signed an executive order limiting those definitions, the latest blow to transgender rights in the state.

The order, which along with government agencies applies to schools and state institutions, stipulates definitions for certain terms, like "man," "boy," "woman," "girl," "father," and "mother." The narrow definitions in the so-called "Women's Bill of Rights" exclude trans and nonbinary people or anyone whose gender does not fit into the binary categories of woman or man. The order's language does not make room for those with chromosomal variations, like intersex people.

Stitt framed the directive as a defense against what he described as "out-of-control gender ideology" eroding societal foundations, adding that the goal was "safeguarding the very essence of what it means to be a woman."

"Oklahomans are fed up with attempts to confuse the word 'woman' and turn it into some kind of ambiguous definition that harms real women," he said before signing the order.

Nicole McAfee, executive director of Freedom Oklahoma, an LGBTQ+ advocacy organization, said the directive is "neither about rights, nor is it about protecting women."

It "instead opens the door for further civil rights violations that open all women to being harassed and targeted as they have their femininity assessed and judged by a public who feels increased permission to police gender," they said.

"What we are fighting against is homegrown bigotry in the place of policy."

The governor's order represents the latest in actions from conservative-led states to limit trans rights. It is based on model legislation from Independent Women's Voice, a far-right group focused on protecting "women's single-sex spaces" by advancing anti-trans policy. After calling on states last year to adopt its suggested "women's bill of rights," versions were introduced in other states and the U.S. House and Senate.

Oklahoma, with a Republican supermajority, has already enacted laws targeting various aspects of trans lives in the last year. Stitt signed a bill that criminalized providing gender-affirming medical care to minors and passed measures barring transgender girls and women from participating in female sports teams and using school bathrooms that match their gender identity. The governor also signed a bill last year that prohibited nonbinary gender markers on state birth certificates, believed to be a first-of-its-kind ban in the country.

Democratic state Rep. Mauree Turner, the first openly nonbinary legislator in U.S. history, criticized this kind of legislation earlier this year after the Oklahoma House passed its own version in March. It failed to clear the state Senate.

"What we are fighting against is homegrown bigotry in the place of policy," they said in a statement. "I know it makes a lot of folks uncomfortable that trans people exist, but I would ask you to truly think about the last time a trans person existing really impeded on how you showed up in the world."

About 18,900 adults in Oklahoma are transgender, less than 1 percent of the state's population, according to the Williams Institute at the UCLA School of Law.

What does Oklahoma's new 'Women's Bill of Rights' do?

The two-page order says Oklahoma has "led the pushback in restoring reality" to discourse around gender, and directs state agencies to:

Define terms such as "female" and "male" based on an individual's sex assigned at birth.

Specifically use "female" for a person "whose biological reproductive system is designed to produce ova," and "male" for a person "whose biological reproductive system is designed to fertilize the ova of a female."

Use stipulated definitions for other terms, like "man," "boy," "woman," "girl," "father," and "mother."

The order also directs schools and state institutions to adhere to these definitions when collecting certain statistics and requiring separate facilities for boys and girls.

McAfee described the order as "a thinly veiled attack on codifying discrimination against transgender women" and "a blatant celebration of transmisogyny from the governor's office."

Stitt's office did not respond to requests from the PBS NewsHour for an interview.

Oklahoma's series of anti-trans actions fit a broader pattern across conservative states. The 2023 legislative session was the worst one on record for anti-LGBTQ legislation since 2015, the Human Rights Campaign reported in June. Among the LGBTQ+ civil rights organization's takeaways:

More than 525 bills were introduced in 41 states.

About 42 percent of those bills targeted transgender people specifically.

More than 75 anti-LGBTQ bills were signed into law in the first six months of the year.

The increasingly hostile political climate prompted the organization to declare a state of emergency for LGBTQ+ people in the U.S.

In the Human Rights Campaign's report, President Kelley Robinson said that the series of anti-LGBTQ+ laws are "fueled by an anti-LGBTQ Republican establishment" and coordinated by "well-funded extremist groups" known for attacking trans and queer rights, like the Alliance Defending Freedom, Heritage Foundation and the Family Policy Alliance.

Also mentioned in the report? Independent Women's Forum, affiliated with the sister organization Independent Women's Voice, for testifying in support of anti-LGBTQ+ bills across the country. Members joined the Oklahoma governor as he signed this latest executive order into law including Riley Gaines, a former University of Kentucky swimmer and adviser for Independent Women's Voice who has criticized a NCAA ruling that allowed trans swimmer Lia Thomas to compete in women's championship events.

The executive order is based on a national movement

A key concept in the model legislation from Independent Women's Voice is that it's necessary to define "woman" through "biological sex" - a phrase LGBTQ+ advocates say is harmful and misleading.

McAfee said this legislation purposely conflates sex and gender.

"It's a very purposeful attempt to exclude trans people from this language of what it means to be a woman," she said. "But it also excludes cisgender women as well, based on health conditions and a number of other factors where they don't fit the 'definition' of what it means to be a woman."

Somerlyn Cothran is an Oklahoma business owner and senior vice president of Independent Women's Voice, which has opposed the ratification of the Equal Rights Amendment and railed at Equal Pay Day. She stood next to Stitt as he signed the executive order. Cothran defended the legislation in a statement, saying that it protects women.

Stitt's order, she said, demonstrated to millions of Oklahoma women and girls "that he has their back - that they no longer have to fear for their safety in private female only spaces."

McAfee again countered that notion, saying this is a fear tactic by Stitt and other Republican lawmakers.

"By continuing to push this rhetoric, [Stitt] is creating more space for more Oklahomans to call out someone's gender out in the world based on just how they look," McAfee said. "People could face discrimination just based on how someone perceives them."

The Independent Women's Voice did not respond to requests for an interview.

The group's model legislation inspired joint resolutions from Sen. Cindy Hyde-Smith of Mississippi and Rep. Debbie Lesko of Arizona who reintroduced them to Congress earlier this year. The "women's bill of rights" language also served as the basis for a Kansas anti-trans law that went into effect this summer.

Supporters of these actions say it's a necessary step to, in part, provide clarity.

"One of the many problems with these radical notions to redefine male and female is that they end up doing more harm than good," Hyde-Smith said in a statement.

A question of harm

Many opponents of the executive order have argued that it fails to address essential rights for women, such as pay equity and protection from gender-based violence and discrimination.

Democratic state Rep. Cyndi Munson said the governor should focus on how to improve the lives of women in Oklahoma, like addressing domestic violence.

By two separate estimates, Oklahoma is one of the leading states in the nation for the number of women murdered by men. About 40 percent of Oklahoma women have experienced intimate partner violence, rape or stalking in their lifetimes, according to the state health department.

The governor, Munson said, could also address maternal mortality rates in the state and work to eliminate access to basic health care, like abortion care.

"We have much work to do in Oklahoma around the status of women and this executive order does nothing to address those issues," she said.

LGBTQ+ advocates say anti-trans legislation takes a major toll on mental health.

More than 85 percent of trans or nonbinary youth reported a disproportionate negative impact on their mental health stemming from the continued debates and laws over restricting the rights of LGBTQ+ people, according to a 2022 survey from The Trevor Project, a suicide prevention and crisis intervention nonprofit focused on LGBTQ+ youth.

LGBTQ+ advocates say that the legislation introduced in Oklahoma is part of a wider initiative by GOP lawmakers to single out and isolate the LGBTQ+ community in the state and that these bills are trying to solve a problem that doesn't exist.

"It does not outline or protect any rights of women," McAfee said. "It allows for sex- and gender-based discrimination in Oklahoma, and it creates room across the spectrum for people to be discriminated against.

"Two-spirit, transgender, and gender non-conforming people have always been in Oklahoma. And we'll always be here," McAfee said.
If you are a young person in crisis, feeling suicidal, or in need of a safe place to talk, contact The Trevor Project's 24/7 lifeline at 1-866-488-7386, connect with a counselor via chat, text "START" to 678678 or visit http://thetrevorproject.org/get-help.

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This new Oklahoma executive order narrowly defines 'woman'

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The order, which along with government agencies applies to schools and state institutions, stipulates definitions for certain terms, like "man," "boy," "woman," "girl," "father" and "mother."

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Sexual Orientation

of population
fully protected

of population only
partially
protected

County map only shows areas with full protections for sexual orientation (i.e., discrimination prohibited in private employment, housing, and public accommodations)

City and County Numbers:

0 counties out of 77 have an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).

1 city has an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).

3 municipalities, not including those listed above, have an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, or public accommodations (only partial protections). See table below.

3% of the state population is protected against discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).

An additional 27% of the state population is protected against discrimination based on sexual orientation in private employment, housing, or public accommodations (only partial protections).

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Movement Advancement Project | State Profiles

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Check out Oklahoma's LGBTQ Policy Tally at the Movement Advancement Project. Read more and find your state's tally at https://www.lgbtmap.org/equality-maps/profile_state/OK

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OKLAHOMA CITY (AP) - A federal judge in Tulsa declined to stop a new law from taking effect that makes it a felony crime for health care workers in Oklahoma to provide gender-affirming medical care to young transgender people.

U.S. District Court Judge John Heil III issued his order late Thursday denying a motion for a preliminary injunction sought by the plaintiffs, who include a medical provider and family members of transgender children in Oklahoma. Heil wrote that the plaintiffs had not demonstrated that parents have a fundamental right to choose such medical care for their children.

"This an area in which medical and policy debate is unfolding and the Oklahoma Legislature can rationally take the side of caution before permitting irreversible medical treatments of its children," Heil wrote.

The , which bans medical treatments like puberty-blocking drugs or hormones for those younger than 18, was passed by Oklahoma's Republican-controlled Legislature and signed by Gov. Kevin Stitt in May. Enforcement had been on hold under an agreement between the plaintiffs and Oklahoma Attorney General Gentner Drummond, whose office is defending the law.

"The attorney general's office continues to fulfill its duty to defend Senate Bill 613 and has won a ruling that results in full enforcement of that law," Drummond spokesman Phil Bacharach said in a statement.

Oklahoma's law includes a six-month transition period for minors who were already receiving puberty-blocking drugs or cross-sex hormones. That period ends early next month.

Attorneys for the plaintiffs, including the American Civil Liberties Union, the ACLU of Oklahoma, Lambda Legal and the law firm Jenner & Block LLP, issued a joint statement vowing an appeal and decrying the judge's decision as a "devastating result for transgender youth and their families."

"Denying transgender youth equality before the law and needlessly withholding the necessary medical care their families and their doctors know is right for them has caused and will continue to cause serious harm," they said.

At least 22 states have enacted laws restricting or banning gender-affirming medical care for transgender minors, and most of those states face lawsuits similar to the one in Oklahoma.

A federal judge in June declared that Arkansas' ban was unconstitutional, the first ruling to overturn such a prohibition. Arkansas was the first state to enact a ban on gender-affirming medical care for minors.

The 8th U.S. Circuit Court of Appeals on Friday granted Arkansas' request that the full court, rather than a three-judge panel, hear its appeal of the judge's ruling.

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Federal judge in Oklahoma clears the way for a ban on medical care for transgender young people

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A federal judge in Oklahoma has declined to stop a new law from taking effect that makes it a felony crime for health care workers to provide gender-affirming care to young transgender people.

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Mapping Attacks on LGBTQ Rights in U.S. State Legislatures in 2024

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In the last few years states have advanced a record number of bills that attack LGBTQ rights, especially transgender youth. The ACLU is tracking these attacks and working with our national network of affiliates to support LGBTQ people everywhere.

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Skip to Content

Transgender and non-binary people are your neighbors, co-workers, family members and friends. And when you or your friends and family are the targets of hate, violence and discrimination, you act.

We are actively working to advocate for the rights and lives of the transgender and non-binary community -- but we all must do more -- can we count you in?

As LGBTQ+ people and allies, we have a responsibility to fight for EVERYONE in our movement. Now is the time to get loud, get visible, and spread awareness on behalf of transgender and non-binary people. So please take the actions below - but don't stop there. The more people who show they care, including allies and trans and non-binary people who speak up for the most marginalized in our community, the more hearts and minds we will change.

Take Action With Us

Share a Voice Message of Support

State legislatures are targeting trans kids. Text HEART to 472-472 to share a public message of support for trans youth and show you're fighting for them.
(Msg&dataratesmayapply. Recurring msgs. TxtSTOP2quit. HELP4info.)

This is about more than words on paper; this is about taking action, fighting back and showing up in a real way for trans people every chance we get. This is about turning our solidarity as LGBTQ+ people and allies into our collective power and putting in the work to advance justice. Together, we can transform the world.

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Skip to Content Transgender and non-binary people are your neighbors, co-workers, family members and friends. And when you or your friends and family are the targets of hate, violence and discrimination, you act. We are actively working to advocate for the rights and lives of the transgender and non-binary community -- but we all must do more -- can we count you in?

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Continue Taking Action with Existing Organizations

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Continue Taking Action with Existing Organizations

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The death of Oklahoma teenager Nex Benedict has sparked an outpouring of grief in the LGBTQ+ community.

Benedict died earlier this month, one day after being beaten in a school bathroom by three older girls. The nonbinary 16-year-old had been bullied at school for more than a year, their family said.

Authorities have said Benedict's death was not the result of trauma, and they have not yet released a specific cause of death or filed any criminal charges. Local and national LGBTQ+ advocacy groups are calling for the Justice Department and other federal agencies to investigate Benedict's death, as well as the school and local police response.

Many are blaming Oklahoma's anti-trans policies - including a new law that bars students from using the school restroom that aligns with their gender identity - for the bullying and beating that led to Benedict's death.

If you're looking to turn your grief into action, here's what you can do to help queer and trans kids in Oklahoma:

Donate to local groups in Oklahoma

Freedom Oklahoma works to support the 2SLGBTQ+ community across Oklahoma and the land's 39 sovereign tribal nations. They support Gender and Sexuality Alliances at schools and provide name and gender marker correction support services, among other things.

Oklahomans for Equality provides a variety of resources for people across the 2SLGBTQ+ spectrum, and their Equality Center in Tulsa is one of the largest in the region. Their website also provides resources for contacting state and local lawmakers.

Trans Advocacy Coalition of Oklahoma is a nonprofit committed to advancing the rights of transgender people in the state. They accept donations and also sell merchandise that benefits their work.

Donate to national organizations supporting queer kids

Stand With Trans is a national organization that empowers and supports trans youth. They accept donations and also volunteers to help with virtual and in-person programming.

The Rainbow Youth Project offers free mental health support for LGBTQIA+ youth, and their crisis calls have spiked since Nex's death. You can donate, print out brochures with resources and sign up as a volunteer.

GLSEN works to support and protect queer kids at K-12 schools. You can donate to the national organization and get connected to local chapters in many states.

Write a letter to trans youth

Transgender and nonbinary kids are vulnerable and scared. The Human Rights Commission's Parents for Transgender Equality Council is collecting letters in support of trans children, to remind them they're loved and supported.

You can submit your letter on the HRC website.

Participate in a memorial service

GLAAD has compiled a list of in-person memorial services in Oklahoma to honor Nex:

Friday:

2/23 in McAlester at 6 PM at All Saints Episcopal Church organized by McAlester community members

2/23 in Stillwater at 6 PM at St. Andrew's Church organized by Stillwater community members

Saturday:

2/24 in Norman at 5:30 PM at Andrews Park hosted by Norman Community Members

2/24 in OKC at 6:30 PM at @pointagallery in OKC organized by Rural Oklahoma Pride

2/24 in Tahlequah at 7 PM at Norris Park by Tahlequality

Sunday:

2/25 in Bartlesville at 6:30 PM at Disciples Christian Church by Oklahomans for Equality Bartlesville

2/25 at 6:30 at Guthrie Green by Trans Advocacy Coalition of Oklahoma (TACO)

2/25 at 7 PM at 816 W Gore Blvd Lawton, OK by UU Lawton OK Pride

2/26 at 5:30 PM at the Stonewall Inn in New York, by New Alternatives NYC
Are there other resources we should include on this list? Email kayla.gagnet@equalpride.com to let us know.

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How you can support queer and trans kids in Oklahoma after Nex Benedict's death

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Donate, volunteer, write a letter to trans kids: There are lots of ways for you to turn your grief into action.

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10 ways to step up as an ally to non-binary people

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14 July is International Non-Binary People’s Day, which aims to celebrate the wide range of people worldwide who identify as non-binary. But do you know what it means to be non-binary? And do you know how you can better support non-binary people? Here are some ideas!…

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Help build a more gender inclusive school

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Help build a more gender inclusive school

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From Feb. 26- March 8, write the answers to any or all of the following questions on post-its then paste them on the poster paper outside of room 412.

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From Feb. 26- March 8, write the answers to any or all of the following questions on post-its then paste them on the poster paper outside of room 412.

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What are your thoughts about what happened to Nex Benedict?

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How does the information you've learned about Oklahoma inform your understanding of what happened to Nex Benedict?

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How does the information you've learned about Oklahoma inform your understanding of what happened to Nex Benedict?

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How does the information you've learned about from this Padlet inform the way you see the world/ people/ this period in history?

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Oklahoma House passes 'Don't Say Gay or Trans' bill

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Learn More About What Liberation Could Look Like

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Learn More About What Liberation Could Look Like

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As part of the Trans Agenda for Liberation, TLC has crafted a virtual care package to alleviate the pain and grief of our time. We deserve to be well. Our collective liberation relies on it. The care package includes music, guided meditations, artwork, and DJ mixes, showcasing the vast talent of our community. We hope it brings you the nourishment you need.

The Trans Agenda for Liberation is put forward by a national coalition of majority Black, indigenous, and migrant trans, nonbinary, and gender nonconforming leaders, working with Transgender Law Center, the largest transgender advocacy organization in the United States. We have challenged each other, supported each other's work, and dreamed about how we can realize a future where we are all free. Together, we birthed a framework to understand the forces harming our communities, and how we can unite to bring forward something new.

Lead authors: Micky B and Ash Stephens of Transgender Law Center

National coalition membership has shifted over time, and has included: Dee Dee Chamblee, LaLa Zannell, LaSaia Wade, Umí Vera, Kiara St. James, Emmett Schelling, Cathy Kapua, Evonne Kaho, Janetta Johnson, Mattee Jim, Tamara Jean, Gabriel Foster, Agaiotupu Viena, Bamby Salcedo, Stefanie Rivera, AnaAndrea Molina, Jennicet Gutiérrez, Zahara Green, Tiara Gendi, Marin Watts, Andy Marra, Sasha Buchert, Isa Noyola, Ola Osaze, Chase Strangio, Gia Cordova, Yozantli Lagunas Guerrero, Sophia Kass, Oluchi Omeoga, Ash Stephens, Kayla Gore, Mariah Moore, and Shelby Chestnut.

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Trans Agenda for Liberation - Transgender Law Center

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The Trans Agenda for Liberation is a community-led guide towards the world we deserve. Trans people hold the knowledge, power, and joy to create a future where we can all not only survive but thrive. About the Trans Agenda for Liberation This agenda addresses the urgent political, legal, and social violence enacted against our communities, [...]

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Housing nondiscrimination laws protect LGBTQ people from being unfairly evicted, denied housing, or refused the ability to rent or buy housing on the basis of their sexual orientation or gender identity. This map shows state housing nondiscrimination laws that explicitly enumerate sexual orientation and/or gender identity as protected classes, as well as states that explicitly interpret existing sex protections to include sexual orientation and/or gender identity. Additionally, in states without state protections, municipalities may provide local-level nondiscrimination protections. See our maps tracking local-level nondiscrimination ordinances . Other rights may exist or be recognized where you live; this map is not intended as legal advice or an indication of your rights. If you have experienced discrimination, contact
Lambda Legal's Help Desk or otherwise seek legal advice.

*NOTE: In green stripe states, the state's nondiscrimination law does not explicitly enumerate sexual orientation or gender identity, but the state's civil/human rights commission has explicitly stated it interprets the state's existing protections against sex discrimination to include protections for both sexual orientation and gender identity. See the "Citations & More Information" button beneath the map legend for more detail for every state. Additionally, the U.S. Department of Housing and Urban Development (HUD)

currently interprets the Fair Housing Act's ban on sex-based discrimination to include discrimination based on sexual orientation or gender identity. LGBTQ people who believe they have experienced housing discrimination may be able to pursue claims through this avenue. However, local ordinances, state laws, federal court rulings, and more create a patchwork of nondiscrimination protections for LGBTQ people across the country. Given this patchwork, individuals who have experienced discrimination should contact Lambda Legal's Help Desk or otherwise seek legal advice. This map is not intended as legal advice or an indication of your rights. https://www.lgbtmap.org/equality-maps/non_discrimination_laws/housing

Movement Advancement Project. "Equality Maps: Housing Nondiscrimination Laws."

Percent of Adult LGBTQ Population Covered by Laws

*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.

53 % of LGBTQ population lives in states prohibiting housing discrimination based on sexual orientation and gender identity

17 % of LGBTQ population lives in states explicitly interpreting existing prohibition on sex discrimination to include sexual orientation and/or gender identity

2 % of LGBTQ population lives in states prohibiting housing discrimination based on sexual orientation only

29 % of LGBTQ population lives in states that do not prohibit housing discrimination based on sexual orientation or gender identity (including 2% of LGBTQ population living in states that preempt local nondiscrimination laws)

Public accommodation nondiscrimination laws protect LGBTQ people from being unfairly refused service, denied entry to, or otherwise discriminated against in public places based on their sexual orientation or gender identity. Public accommodation laws generally cover anywhere someone is when they are not at home, work, or school, including retail stores, restaurants, parks, hotels, doctors' offices, and banks. This map shows state public accommodation nondiscrimination laws that explicitly enumerate sexual orientation and/or gender identity as protected classes, as well as states that explicitly interpret existing sex protections to include sexual orientation and/or gender identity. Additionally, in states without state protections, municipalities may provide local-level nondiscrimination protections. See our map tracking local-level nondiscrimination ordinances . Other rights may exist or be recognized where you live (see below); this map is not intended as legal advice or an indication of your rights. If you have experienced discrimination, contact
Lambda Legal's Help Desk or otherwise seek legal advice.

NOTE: In green stripe states, the state's nondiscrimination law does not explicitly enumerate sexual orientation or gender identity, but the state's civil/human rights commission has explicitly stated it interprets the state's existing protections against sex discrimination to include protections for both sexual orientation and gender identity. See the "Citations & More Information" button beneath the map legend for more detail for every state. Movement Advancement Project. "Equality Maps: Public Accommodations Nondiscrimination Laws."
https://www.lgbtmap.org/equality-maps/non_discrimination_laws/public-accommodations. Accessed 11/28/2022.

Percent of Adult LGBTQ Population Covered by Laws

*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.

52 % of LGBTQ population lives in states prohibiting discrimination in public accommodations based on sexual orientation and gender identity

15 % of LGBTQ population lives in states explicitly interpreting existing prohibition on sex discrimination to include sexual orientation and/or gender identity

2 % of LGBTQ population lives in states prohibiting discrimination in public accommodations based on sexual orientation only

31 % of LGBTQ population lives in states that do not prohibit discrimination in public accommodations based on sexual orientation or gender identity (including 2% of LGBTQ population living in states that preempt local nondiscrimination laws)

Credit and lending nondiscrimination laws protect people from being unfairly denied credit and lending services, such as opening a bank account, taking out a loan, and more. This map shows state credit and lending nondiscrimination laws that explicitly enumerate sexual orientation and/or gender identity as protected classes, as well as states that explicitly interpret existing sex protections in credit law to include sexual orientation and/or gender identity. Other rights may exist or be applicable where you live, including through broadly-defined public accommodations laws (see the State-by-State Statutes for additional information).

This map is not intended as legal advice or an indication of your rights. If you have experienced discrimination, contact or otherwise seek legal advice.

NOTE: In green stripe states, the state's nondiscrimination law does not explicitly enumerate sexual orientation or gender identity, but the state's civil/human rights commission has explicitly stated it interprets the state's existing protections against sex discrimination to include protections for both sexual orientation and gender identity. See the "Citations & More Information" button beneath the map legend for more detail for every state.

Individuals who have experienced discrimination should contact Movement Advancement Project. "Equality Maps: Credit Nondiscrimination Laws." Lambda Legal's Help Desk or otherwise seek legal advice. This map is not intended as legal advice or an indication of your rights. https://www.lgbtmap.org/equality-maps/non_discrimination_laws/credit. Accessed 11/28/2022.

Percent of Adult LGBTQ Population Covered by Laws

*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.

42 % of LGBTQ population lives in states prohibiting credit discrimination based on sexual orientation and gender identity

4 % of the LGBTQ population lives in states that explicitly interpret existing prohibition on sex discrimination to include sexual orientation and/or gender identity

0 % of LGBTQ population lives in states prohibiting credit discrimination based on sexual orientation only

54 % of LGBTQ population lives in states that do not prohibit credit discrimination based on sexual orientation or gender identity

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Housing nondiscrimination laws protect LGBTQ people from being unfairly evicted, denied housing, or refused the ability to rent or buy housing on the basis of their sexual orientation or gender identity. This map shows state housing nondiscrimination laws that explicitly enumerate sexual orientation and/or gender identity as protected classes, as well as states that explicitly interpret existing sex protections to include sexual orientation and/or gender identity.

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New York City Commission on Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Gender Identity or Expression: Local Law No. 3 (2002); N.Y.C. Admin. Code § 8-102(23)
The New York City Human Rights Law ("NYCHRL") prohibits discrimination in employment, public accommodations, and housing. It also prohibits discriminatory harassment and bias-based profiling by law enforcement. The NYCHRL, pursuant to the 2005 Civil Rights Restoration Act, must be construed "independently from similar or identical provisions of New York state or federal statutes," such that "similarly worded provisions of federal and state civil rights laws [are] a floor below which the City's Human Rights law cannot fall, rather than a ceiling above which the local law cannot rise." ¹

The New York City Commission on Human Rights (the "Commission") is the City agency charged with enforcing the NYCHRL. People interested in vindicating their rights under the NYCHRL can choose to file a complaint with the Commission's Law Enforcement Bureau within one (1) year of the discriminatory act or, in the case of gender-based harassment, within three (3) years of the discriminatory act. ² Alternatively, a complaint can be filed in court within three (3) years of the discriminatory act.

The NYCHRL prohibits discrimination by most employers, ³ housing providers, ⁴ and public accommodations ⁵ on the basis of gender. The term gender "shall include actual or perceived sex, gender identity, and gender expression including a person's actual or perceived gender-related self-image, appearance, behavior, expression, or other gender-related characteristic, regardless of the sex assigned to that person at birth." ⁶

This document serves as the Commission's legal enforcement guidance on the NYCHRL's protections as they apply to discrimination based on gender, gender identity, and gender expression, which constitute gender discrimination under the NYCHRL. This document is not intended to serve as an exhaustive list of all forms of gender-based discrimination claims under the NYCHRL.
I. LEGISLATIVE INTENT
In 2002, the New York City Council passed the Transgender Rights Bill to expand the scope of the gender-based protections guaranteed under the NYCHRL and to ensure protection for people whose "gender and self-image do not fully accord with the legal sex assigned to them at birth." ⁷ The City's intent in amending the law was to make explicit that the law prohibits discrimination against people based on gender identity. ⁸ The legislative history reflects that people face frequent and severe discrimination based on gender identity, and protection from discrimination is "very often a matter of life and death." ⁹ Recognizing the profoundly debilitating impact of gender-based discrimination on transgender, non-binary, and other gender non-conforming people, the amendment makes clear that "gender-based discrimination-including, but not limited to, discrimination based on a person's actual or perceived sex, and discrimination based on a person's gender identity, self-image, appearance, behavior, or expression-constitutes a violation of the City's Human Rights Law." ¹⁰ In 2018, City Council amended the definition of "gender" in the NYCHRL to reflect a broader and inclusive understanding of gender.
II. DEFINITIONS
These definitions are intended to help people understand the following guidance as well as their rights and responsibilities under the NYCHRL. In addition to the terms listed below, there are many other terms related to gender, gender identity, and gender expression with which a person may identify, including but not limited to, androgynous, gender diverse, gender expansive, gender fluid, agender, bigender, genderqueer, pangender, MTF (male to female), and FTM (female to male). Readers should bear in mind that language evolves, and the best practice is to refer to people with the term(s) they use to self-identify.

Cisgender. "Cisgender" is a term used to describe a person whose gender identity conforms with their sex assigned at birth.

Gender. ""Gender" includes actual or perceived sex, gender identity, and gender expression including a person's actual or perceived gender-related self-image, appearance, behavior, expression, or other gender-related characteristic, regardless of the sex assigned to that person at birth. ¹²

Gender Expression. "Gender expression" is the representation of gender as expressed through one's name, pronouns, clothing, hairstyle, behavior, voice, or similar characteristics. Gender expression may or may not conform to gender stereotypes, norms, and expectations in a given culture or historical period. Gender expression is not the same as sexual orientation or gender identity. Terms associated with gender expression include, but are not limited to, androgynous, butch, female/woman/feminine, femme, gender non-conforming, male/man/masculine, or non-binary.

Gender Identity. "Gender identity" is the internal deeply-held sense of one's gender which may be the same as or different from one's sex assigned at birth. A person's gender identity may be male, female, neither or both, i.e., non-binary or genderqueer. Gender identity is not the same as sexual orientation or gender expression. Terms associated with gender identity include, but are not limited to, agender, bigender, butch, female/woman/feminine, female to male (FTM), femme, gender diverse, gender fluid, gender queer, male/man/masculine, male to female (MTF), man of trans experience, pangender, or woman of trans experience.

Gender Non-Conforming. "Gender non-conforming" is a term used to describe a person whose gender expression differs from gender stereotypes, norms, and expectations in a given culture or historical period. Terms associated with gender non-conformity include, but are not limited to, gender expansive, gender variant, or gender diverse.

Intersex. "Intersex" is a term used to refer to a person whose sex characteristics (chromosomes, hormones, gonads, genitalia, etc.) do not conform with a binary construction of sex as either male or female. This term may not be the same as a person's gender identity and is not the same as a person's sexual orientation.

Non-binary. "Non-binary" is a term used to describe a person whose gender identity is not exclusively male or female. For example, some people have a gender identity that blends elements of being a man or a woman or a gender identity that is neither male nor female

Sex. "Sex" is a combination of chromosomes, hormones, internal and external reproductive organs, facial hair, vocal pitch, development of breasts, gender identity, and other characteristics. Gender identity is the primary determinant of a person's sex

Transgender. "Transgender"-sometimes shortened to "trans"-is a term used to describe a person whose gender identity does not conform with the sex assigned at birth.

III. VIOLATIONS OF THE NEW YORK CITY HUMAN RIGHTS LAW'S PROHIBITIONS ON GENDER DISCRIMINATION
Gender discrimination under the NYCHRL includes discrimination on the basis of gender identity (including being transgender, non-binary, or gender non-conforming) and gender expression. 13 The definition of gender also encompasses discrimination against someone for being intersex. Under the NYCHRL, gender discrimination can be based on one's perceived or actual gender identity, which may or may not conform to one's sex assigned at birth, or based on the ways in which one expresses gender, such as through appearance or communication style. Gender discrimination is prohibited in employment, housing, public accommodations, discriminatory harassment, and bias-based profiling by law enforcement and exists when a person is treated "less well than others on account of their gender." ¹⁴ For example, firing an employee because they are transgender, or allowing a non-binary employee to be subjected to a hostile work environment because of their gender identity constitute discrimination on the basis of gender.

Harassment motivated by gender is a form of discrimination. Gender-based harassment can be a single or isolated incident of disparate treatment or repeated acts or behavior. Disparate treatment can manifest in harassment when the incident or behavior creates an environment or reflects or fosters a culture or atmosphere of sex stereotyping, degradation, humiliation, bias, or objectification. Under the NYCHRL, gender-based harassment covers a broad range of conduct and occurs generally when a person is treated less well on account of their gender. While the severity or pervasiveness of the harassment is relevant to damages, the existence of differential treatment based on gender is sufficient under the NYCHRL to constitute a claim of harassment. Gender-based harassment can include unwanted sexual advances or requests for sexual favors; however, gender-based harassment does not have to be sexual in nature. For example, refusal to use a transgender employee's name, pronouns, or title may constitute unlawful gender-based harassment. Comments, unwanted touching, gestures, jokes, or pictures that target a person based on gender constitute gender-based harassment.
Unlawful gender-based discrimination is prohibited in the following areas:
Employment:
It is unlawful to refuse to hire, promote, or fire a person because of a person's actual or perceived gender, including being or being perceived to be transgender, non-binary, or gender non-conforming. It is also unlawful to set different compensation or terms and conditions of employment because of an employee's gender. Examples of terms and conditions of employment include work assignments, employee benefits, and keeping the workplace free from harassment.

Public Accommodations:
It is unlawful for providers of public accommodations, their employees, or their agents to deny any person, or communicate intent to deny, the services, advantages, facilities or privileges of a public accommodation directly or indirectly because of their actual or perceived gender, including being or being perceived to be transgender, non-binary, or gender non-conforming. Simply put, it is unlawful to deny any person full and equal enjoyment of a public accommodation because of gender.

Housing:
It is unlawful to refuse to sell, rent, or lease housing to someone because of their actual or perceived gender, including being or being perceived to be transgender, non-binary, or gender non-conforming. It is unlawful to withhold from any person full and equal enjoyment of a housing accommodation because of their gender.
1. Failing To Use the Name or Pronouns with Which a Person Self-Identifies
The NYCHRL requires employers and covered entities to use the name, pronouns, and title (e.g., Ms./Mrs./Mx.) ¹⁵ with which a person self-identifies, regardless of the person's sex assigned at birth, anatomy, gender, medical history, appearance, or the sex indicated on the person's identification.

Most people and many transgender people use female or male pronouns and titles. Some transgender, non-binary, and gender non-conforming people use pronouns other than he/him/his or she/her/hers, such as they/them/theirs or ze/hir. ¹⁶ They/them/theirs can be used to identify or refer to a single person (e.g., "Joan is going to the store, and they want to know when to leave"). Many transgender, non-binary, and gender non-conforming people use a different name than the one they were assigned at birth.

All people, including employees, tenants, customers, and participants in programs, have the right to use and have others use their name and pronouns regardless of whether they have identification in that name or have obtained a court-ordered name change, except in very limited circumstances where certain federal, state, or local laws require otherwise (e.g., for purposes of employment eligibility verification with the federal government). Asking someone in good-faith for their name and gender pronouns is not a violation of the NYCHRL.

Covered entities may avoid violations of the NYCHRL by creating a policy of asking everyone what their gender pronouns are so that no person is singled out for such questions and by updating their systems, intake forms, or other questionaires to allow all people to self-identify their name and gender. Covered entities should not limit the options for identification to male and female only.

Examples of Violations
a. Intentional or repeated refusal to use a person's name, pronouns, or title. For example, repeatedly calling a transgender woman "him" or "Mr." after she has made clear that she uses she/her and Ms.

b. Refusal to use a person's name, pronouns, or title because they do not conform to gender stereotypes. For example, insisting on calling a non-binary person "Mr." after they have requested to be called "Mx."

c. Conditioning a person's use of their name on obtaining a court-ordered name change or providing identification in that name. For example, a covered entity may not refuse to call a transgender man who introduces himself as Manuel by that name because his identification lists his name as Maribel.
d. Requiring a person to provide information about their medical history or proof of having undergone particular medical procedures in order to use their preferred name, pronouns, or title.
2. Refusing To Allow People To Utilize Single-Gender Facilities and Programs Most Closely Aligned with Their Gender
The NYCHRL requires that people be permitted to use single-gender facilities, such as restrooms or locker rooms, and to participate in single-gender programs, that most closely align with their gender, regardless of their gender expression, sex assigned at birth, anatomy, medical history, or the sex or gender indicated on their identification. Covered entities that have single-occupancy restrooms should make clear that they can be used by people of all genders. ¹⁸

Some people, including customers, other program participants, tenants, or employees, may object to sharing a facility or participating in a program with a transgender, non-binary, or gender non-conforming person. Such objections are not a lawful reason to deny access to that transgender, non-binary, or gender non-conforming person. In those circumstances, a covered entity may offer alternatives for the individual expressing discomfort, by, for example, providing a single-occupancy restroom to change in.

Covered entities may avoid violations of the NYCHRL, by, wherever possible, providing single-occupancy restrooms and providing private space within multi-user facilities for anyone who has privacy concerns. Covered entities may accommodate a person's request to use a single-occupancy restroom because of their gender. For example, a person who is non-binary or a person who is in the process of transitioning may wish to use a single-occupancy restroom. As noted above, however, it is unlawful to require a person to use a single-occupancy restroom because they are transgender, non-binary, or gender non-conforming. Covered entities should create policies to ensure that all people can access the single-gender facility most closely aligned with their gender and train all employees, but particularly all managers and employees who have contact with members of the public, on compliance with the policy, and their obligation under the NYCHRL to provide non-discriminatory access to single-gender facilities including for transgender, non-binary, and gender non-conforming people. Covered entities should post a sign in all single-gender facilities indicating, "Under New York City Law, all people have the right to use the single-gender facility most closely aligned with their gender identity or gender expression." Covered entities may adopt policies or codes of conduct for single-gender facilities delineating acceptable behavior for the use of the facilities that are not themselves discriminatory and do not single out transgender, non-binary, or gender non-conforming people.

A person's assessment of their own safety should be a primary consideration. Covered entities should offer opportunities for people to come to them if they have safety concerns and should establish a corresponding safety plan if needed. For example, if a transgender person requests assignment to a facility corresponding to their sex assigned at birth instead of corresponding to their gender identity because of safety concerns, that request should be honored.
Examples of Violations
a. Prohibiting a person from using a particular program or facility because they do not conform to gender stereotypes. For example, a women's shelter may not turn away a transgender woman because she looks too masculine. Similarly, a men's shelter cannot deny service to a transgender man because he does not look masculine enough.

b. Prohibiting a transgender person from using the single-gender program or facility most closely aligned with their gender identity. For example, a public university cannot prohibit a transgender man from using the men's restroom.

c. Requiring a gender non-conforming person to provide identification or proof of their gender in order to access the appropriate single-gender program or facility.

d. Barring a non-binary student from a single-gender after-school program out of concern that they will make other students uncomfortable.

e. Forcing a transgender, non-binary, gender non-conforming, or intersex person to use a single-occupancy restroom instead of a shared restroom.
3. Gender Stereotyping
Discrimination based on a person's failure to conform to gender stereotypes is a form of gender discrimination under the NYCHRL. Gender stereotypes are over-simplified expectations in a given culture or historical period about how people of a particular gender should be or how they should act. They include expectations of how a person represents or communicates gender to others, such as behavior, clothing, hairstyle, activities, voice, mannerisms, or body characteristics. Gender stereotypes also relate to the roles or behaviors in a society. Covered entities may not require people to conform to stereotypical norms of masculinity or femininity. The law also recognizes that unlawful gender stereotyping often manifests itself as anti-gay epithets or attributing a particular sexual orientation to people who do not conform to gender stereotypes.

Covered entities may avoid violations of the NYCHRL by training all staff on creating and maintaining an environment free from gender stereotyping.

Examples of Violations
a. Making unwelcome jokes about a person's sexuality based on their non-conformity with gender norms.

b. Overlooking a female employee for a promotion because her behavior does not conform to the employer's notion of how a woman should behave at work.

c. Enforcing a policy in which men may not wear jewelry or make-up at work.
4. Imposing Different Uniforms or Grooming Standards Based on Gender
Under the NYCHRL, employers and covered entities may not require dress codes or uniforms, or apply grooming or appearance standards, that impose different requirements for people based on gender. The fact that the grooming standard or dress code differentiates based on gender is sufficient for it to be considered discriminatory, even if perceived by some as harmless. Holding people to different grooming or uniform standards based on gender serves no legitimate non-discriminatory purpose and reinforces a culture of gender stereotypes and cultural norms based on gender expression and identity. ¹⁹

The variability of expressions associated with gender and gender norms contrast vastly across culture, age, community, personality, style, and sense of self. Placing the burden on people to justify their gender identity or expression and to demonstrate why a particular distinction makes them uncomfortable or does not conform to their gender expression would serve to reinforce a notion of gender that the NYCHRL has disavowed. When a person is treated differently because of their gender and required to conform to a specific standard assigned to their gender, that is gender discrimination regardless of intent, and is not permissible under the NYCHRL.

Employers and covered entities are entitled to enforce a dress code or require specific grooming or appearance standards; however, it must be done without imposing restrictions or requirements specific to gender. It will not be a defense that an employer or covered entity is catering to the preferences of their customers or clients.

Covered entities may avoid violations of the NYCHRL by creating gender-neutral dress codes and grooming standards. For example, a covered entity may require people to wear their hair pulled back from the face or require that workers must wear either a pantsuit or a skirt suit. Covered entities may provide different uniform options that are culturally typically masculine and typically feminine. For example, an employer that provides uniform shirts may provide a shirt that is more typical of a woman's blouse and another that is looser fitting in a style more typical of a man's button-down shirt. It would be unlawful, however, to require an employee to wear one style over another because of gender.

Examples of Violations
a. Maintaining grooming and appearance standards that apply differently to men or women or which have gender-based distinctions. For example, requiring different uniforms for men and women, or requiring that female bartenders wear makeup.

b. Requiring employees of one gender to wear a uniform specific to that gender.

c. Permitting only women to wear jewelry or requiring only men to have short hair. By contrast, requiring all servers, to always have long hair tied back in a ponytail or away from their face is not a violation unless it is applied unequally based on gender.

d. Permitting cisgender women but not transgender women who are residents at a drug treatment facility to wear wigs and high heels.

e. Requiring all men to wear ties in order to dine at a restaurant.

5. Providing Employee Benefits that Discriminate Based on Gender
The NYCHRL prohibits covered entities from offering employee benefits that discriminate on the basis of gender. To comply with the law, entities must offer benefits equally to all employees regardless of gender. Employee benefit plans that are covered by, and in compliance with, the Employee Retirement Income Security Act and applicable federal anti-discrimination laws are also in compliance with the NYCHRL. ²⁰

It is unlawful for an employer to provide health benefit plans that deny or exclude services on the basis of gender. To be non-discriminatory with respect to gender, health benefit plans must cover gender-affirming care, also known as transition-related care or transgender care. An employer that has selected a non-discriminatory plan will not be liable for the denial of coverage of a particular medical procedure by an insurance company, even when that denial may constitute discrimination on the basis of gender. However, if an employer is on notice that the employer's selected benefit plan routinely denies gender-affirming care, then the employer should take action to remedy the violation.

Gender-affirming care is medically necessary, effective, and even life-saving for many transgender, non-binary, and gender non-conforming people. Gender-affirming care includes a range of treatments, including, for example, hormone replacement therapy, breast augmentation/reconstruction, mastectomy, facial feminization, voice training, or surgery. The treatment different people receive may differ according to their needs and overall health. In addition to protections under the NYCHRL, federal law requires self-insured plans governed by the Affordable Care Act to cover medically necessary gender-affirming care and New York State law requires fully-insured New York plans to do the same. ²¹

Covered entities may avoid violations under the NYCHRL by reviewing their existing health benefit plans, and if they do not already, provide an option that includes comprehensive coverage for transgender, non-binary and gender non-conforming people. Employers should take care to select plans that follow recognized professional standards or medical care for transgender people, for example, the standards of care of the World Professional Association for Transgender Health. Because relatively few health care providers currently perform certain transition-related or gender-affirming care, employers should consider selecting plans that do not prohibit, place limits on, or have significantly higher co-pays or low reimbursements rates for out-of-network care.

Examples of Violations
a. Employers offering health benefits to the opposite-sex spouses of employees, but not same-sex spouses.

b. Employers offering health benefits that do not cover care when a person's sex assigned at birth or gender otherwise recorded in a medical record or insurance plan is different from the one to which health services are ordinarily or exclusively available. For example, offering benefits that cover prostate cancer screening for cisgender men but not for transgender women.

c. Employers offering health benefits that categorically exclude from coverage, or limit coverage for, health services related to gender transition, for example by categorically deeming certain procedures as "cosmetic" without an individualized assessment of medical necessity.

d. Employers offering any other employee benefits that discriminate on the basis of gender. For example, offering a stipend for child care to female but not male employees.

6. Considering Gender When Evaluating Requests for Accommodations
The NYCHRL prohibits covered entities from considering gender when evaluating requests for accommodations for disabilities, or other requests for changes to the terms and conditions of one's employment, participation in a program, or use of a public accommodation, which may include additional medical or personal leave or schedule changes. When a covered entity grants leave or time off of work to employees for medical or health reasons, it shall treat leave requests to address medical or health care needs related to a person's gender identity in the same manner as requests for all other medical conditions. Covered entities shall provide reasonable accommodations to people undergoing gender transition, including medical leave for medical and counseling appointments, surgery, and recovery from gender-affirming procedures, surgeries, and treatments as they would for any other medical condition.

Covered entities may avoid violations under the NYCHRL by creating internal procedures to evaluate all requests for accommodations in a fair and non-discriminatory manner.

Examples of Violations
a. An employer who has a policy of routinely granting unpaid medical leave upon request to people who have been working for the employer for over a year, who refuses to honor that policy when the request is made by a transgender person.

b. When an employer or covered entity permits a reasonable accommodation for a cisgender woman seeking reconstructive breast surgery deemed medically necessary but refuses that same accommodation when requested by a transgender woman undergoing the same medically necessary surgery.

c. Requesting medical documentation to verify leave time from transgender employees or participants, but not cisgender employees or participants.

d. Determining the retention and accrual of benefits, such as seniority, retirement, and pension rights, during personal or medical leave periods for employees based on gender.

7. Engaging in Discriminatory Harassment
The NYCHRL prohibits discriminatory harassment or violence motivated by a person's actual or perceived gender, gender identity, or gender expression that attempts to interfere with, or actually interferes with, the free exercise of a legal right. Discriminatory harassment includes violence, the threat of violence, a pattern of threatening verbal harassment, the use of force, intimidation or coercion, defacing or damaging real property, and cyberbullying. For example, a tenant assaulting or threatening to assault a neighbor because of her gender expression, in addition to committing a crime, is also violating the NYCHRL.

8. Engaging in Retaliation
The NYCHRL prohibits retaliation against a person for opposing discrimination or requesting a reasonable accommodation for a disability based on gender. Opposing discrimination includes, but is not limited to, making an internal complaint about discrimination, making an external complaint of discrimination to the Commission or another government agency, or participating in an investigation of discrimination. An action taken against a person that is reasonably likely to deter them from engaging in such activities is considered unlawful retaliation. The action need not rise to the level of a final action or a materially adverse change to the terms and conditions of employment, housing, or participation in a program to be retaliatory under the NYCHRL. When a person opposes what they believe in good faith to be unlawful discrimination, it is unlawful to retaliate against the person even if the conduct they opposed is not ultimately determined to violate the NYCHRL.

Covered entities may avoid violations of the NYCHRL by implementing internal anti-discrimination policies to educate employees, tenants, and program participants of their rights and obligations under the NYCHRL with respect to gender, gender identity, and gender expression and regularly train staff on these issues. Covered entities should create procedures for employees, tenants, and program participants to internally report violations of the law without fear of adverse action and to train those in supervisory capacities on how to handle those claims when they witness discrimination or instances are reported to them by subordinates. Covered entities that engage with the public should implement a policy for interacting with the public in a respectful, non-discriminatory manner consistent with the NYCHRL, respecting gender diversity, and ensuring that members of the public do not face discrimination, including with respect to single-gender programs and facilities.

Examples of Violations
a. Repeatedly assigning a person to work the least desirable shifts contrary to the normal practice of rotating those shifts equally among staff because the person made an internal complaint of discrimination.

b. Demoting or firing a person because they have filed a complaint with the Commission or filed their own case in civil court.

c. Failing to grant accommodations for a person otherwise not required under the law but that are routinely provided by the employer because the person was interviewed as a witness in a coworker's case alleging discrimination.

d. Refusing to advance a program participant to the next stage of the program despite their successful completion of the previous stage because the participant raised concerns about unequal treatment.

IV. PENALTIES IN ADMINISTRATIVE ACTIONS
The Commission can impose civil penalties up to $125,000 for violations, and up to $250,000 for violations that are the result of willful, wanton, or malicious conduct. The amount of a civil penalty will be guided by the following factors, among others:
* The number of violations;
* The severity of the violation;
* The existence of previous or subsequent violations;
* The willfulness of the violation;
* The employer's size, considering both the total number of employees and its revenue;
* Any efforts the employer has made to promptly remedy violations; and
* The employer's actual or constructive knowledge of the NYCHRL.

These penalties are in addition to the other remedies available to people who successfully resolve or prevail on claims under the NYCHRL, including, but not limited to, back and front pay, along with other compensatory and punitive damages. The Commission may consider the lack of an adequate anti-discrimination policy as a factor in determining liability, assessing damages, and mandating certain affirmative remedies.

1 Local Law No. 85 (2005); see also N.Y.C. Admin. Code § 8-130(a) ("The provisions of this title shall be construed liberally for the accomplishment of the uniquely broad and remedial purposes thereof, regardless of whether federal or New York state civil and human rights laws, including those laws with provisions worded comparably to provisions of this title, have been so construed.")
2 N.Y.C. Admin. Code § 8-109(e). 3 The NYCHRL prohibits unlawful discriminatory practices in employment and covers entities including employers, labor organizations, employment agencies, joint labor-management committee controlling apprentice training programs, or any employee or agent thereof. N.Y.C. Admin. Code § 8-107(1). Under the NYCHRL: "The term 'employer' does not include any employer with fewer than four persons in the employ of such employer," except claims for gender-based harassment apply to employers of all sizes. N.Y.C. Admin. Code § 8-102. With regards to counting employees, "natural persons employed as independent contractors to carry out work in furtherance of an employer's business enterprise who are not themselves employers shall be counted as persons in the employ of such employer." Id. "The term 'employment agency' includes any person undertaking to procure employees or opportunities to work." Id. "The term 'labor organization' includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms and conditions of employment, or of other mutual aid or protection in connection with employment." Id.
4 The NYCHRL prohibits unlawful discriminatory practices in housing and covers entities including the "owner, lessor, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease or approve the sale, rental or lease of a housing accommodation, constructed or to be constructed, or an interest therein, or any agent or employee thereof." N.Y.C. Admin. Code § 8-107(5)(a). Covered entities also include real estate brokers, real estate salespersons, or employees or agents thereof. Id. Under the NYCHRL: "The term 'housing accommodation' includes any building, structure or portion thereof that is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings. Except as otherwise specifically provided, such term includes a publicly-assisted housing accommodation." N.Y.C. Admin. Code § 8-102. However, the NYCHRL exempts from coverage: "the rental of a housing accommodation, other than a publicly-assisted housing accommodation, in a building which contains housing accommodations for not more than two families living independently of each other, if the owner members or the owner's family reside in one of such housing accommodations, and if the available housing accommodation has not been publicly advertised, listed, or otherwise offered to the general public; or (2) to the rental of a room or rooms in a housing accommodation, other than a publicly-assisted housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner or members of the owner's family reside in such housing accommodation." N.Y.C. Admin. Code § 8-107(5)(4). 5 The NYCHRL prohibits unlawful discriminatory practices in public accommodations and covers entities including "any person who is the owner, franchisor, franchisee, lessor, lessee, proprietor, manager, superintendent, agent or employee of any place or provider of public accommodation." N.Y.C. Admin. Code § 8-107(4). Under the NYCHRL: "The term 'place or provider of public accommodation' includes providers, whether licensed or unlicensed, of goods, services, facilities, accommodations, advantages or privileges of any kind, and places, whether licensed or unlicensed, where goods, services, facilities, accommodations, advantages or privileges of any kind are extended, offered, sold, or otherwise made available. Such term does not include any club which proves that it is in its nature distinctly private ... [or] a corporation incorporated under the benevolent orders law or described in the benevolent orders law but formed under any other law of this state, or a religious corporation incorporated under the education law or the religious corporation law [which] is deemed to be in its nature distinctly private." Admin. Code § 8-102. 6 Local Law 38 (2018); N.Y.C Admin. Code § 8-102. 7 Local Law No. 3 (2002). 8 Report of the Governmental Affairs Division, Committee on General Welfare, Intro. No. 24, to amend the administrative code of the city of New York in relation to gender-based discrimination (April 24, 2002) accessible through http://legistar.council.nyc.gov/Legislation.aspx. 9 Id. 10 Id. 11 Compare Local Law 38 (2018)("'gender' shall include actual or perceived sex, gender identity, and gender expression including a person's actual or perceived gender-related self-image, appearance, behavior, expression, or other gender-related characteristic, regardless of the sex assigned to that person at birth") with Local Law 3 (2002) ("'gender' shall include actual or perceived sex and shall also include a person's 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 legal sex assigned to that person at birth"). 12 N.Y.C. Admin. Code § 8-102. 13 Id. 14 Williams v. N.Y.C. Hous. Auth., 872 N.Y.S.2d 27, 39 (1st Dep't 2009).

15 The gender-neutral title Mx. is pronounced "məks" (similar to "mex") or "mɪks" (similar to "mix"). 16 Ze and hir are gender-neutral pronouns. 17 Where covered entities regularly request a form of identification from members of the public for a legitimate business reason, requesting a form of identification from transgender, non-binary, or gender non-conforming people is not unlawful. Just as is the case for many cisgender people, many transgender, non-binary, and gender non-conforming people' appearances may not appear the same as what is represented on their photo identification. Covered entities may use a form of identification to corroborate a person's identification, but may not subject a transgender, non-binary, or gender non-conforming person to a higher level of scrutiny than any other person presenting a form of identification. 18 N.Y.C. Admin. Code § 28-315.9. A single-occupancy restroom is a room with a single toilet, walls, a sink, and a door. 19 As stated in N.Y.C. Admin. Code § 8-130(a), protections against gender discrimination under the NYCHRL are broader than protections against sex discrimination under federal law. Federal courts have established a higher threshold to find discrimination with respect to grooming and dress standards: differing standards based on sex or gender are permitted so long as they do not impose an undue burden, an evidentiary standard that the plaintiff must prove. Jespersen v. Harrah's Operating Co., Inc., 392 F.3d 1076 (9th Cir. 2004) aff'd on reh'g, 444 F.3d 1104 (9th Cir. 2006) (granting summary judgment for defendant because plaintiff failed to produce evidence that requiring female bartenders to wear makeup placed greater burden on women than on men). By comparison, the NYCHRL must analyze claims "separately and independently from any federal and state law claims," 2005 Restoration Act, supra note 1, and is required to construe the law "broadly in favor of discrimination plaintiffs to the extent that such a construction is reasonably possible." Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 102, 109 (2d Cir. 2013) (denying summary judgment for the defendant because, under the more liberal standard of NYCHRL, the plaintiff provided sufficient evidence that gender discrimination may have occurred).
20 N.Y.C. Admin. Code § 8-107(e)(i). 21 Patient Protection & Affordable Care Act, 42 U.S.C. § 18116 (2010); N.Y. Dep't. of Fin. Serv., Insurance Circular Letter No. 7 on Health Insurance Coverage for the Treatment of Gender Dysphoria (Dec. 2014). 22 While it is not the focus of this guidance, transgender people may have additional rights under § 8-107(15) of the NYCHRL, including the right to reasonable accommodations. Some transgender, non-binary and gender non-conforming people have a diagnosis of gender dysphoria, which is a disability within the meaning of the NYCHRL. As with any disability, covered entities must make reasonable accommodations for people with gender dysphoria.

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Gender Identity/Gender Expression - CCHR

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New York City Commission on Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Gender Identity or Expression: Local Law No. 3 (2002); N.Y.C. Admin. Code § 8-102(23) The New York City Human Rights Law ("NYCHRL") prohibits discrimination in employment, public accommodations, and housing.

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Human Rights Law Protections for Gender Identity & Expression

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In 1945, the New York State Legislature passed what was the first civil rights law in the country. This law-which is now known as the Human Rights Law - prohibits discrimination in employment, housing, credit, places of public accommodation, internships, domestic services, volunteer firefighting, and non-sectarian educational institutions.

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How can we support nonbinary people at Maker, in our communities, in our country, and/or around our world?

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How can we support nonbinary people at Maker, in our communities, in our country, and/or around our world?