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By TRENTON STRAUBE
Thursday, February 21, 2008
The New York State Supreme Court gave the green light to a transgender discrimination case against a transit authority worker.
The ruling stated that The New York City Transit Authority (NYCTA) is not exempt from the city’s Human Rights Law, one of the most powerful anti-discrimination laws in the world. The decision further established the strength and scope of that law.
Tracy Bumpus, a transgender woman, filed suit against the NYCTA. She alleges that in July 2006 her Metrocard failed to work at a Brooklyn subway stop. Bumpus sought help from a transit worker, who spoke “transgender-phobic epithets” for ten minutes. Passengers overheard this, Bumpus alleges, then followed, harassed and threatened her.
NYCTA argued that as an independent legal entity it was immune from the city’s Human Rights Law. No so, according to Justice Robert Miller, whose ruling stated, “The Human Rights Law affords protection to transgender people in New York City. By riding the subway, a transgender person doesn’t become less of a person and lose the protection of the Human rights Law.”
Robert Baciagalupi, staff attorney at Housing Works, represents Bumpus. “It would have been very serious if the Transit Authority won,” he said. “It would mean that the 40,000 employees of the Transit Authority were immune from liability when discriminating against anyone.”
This week’s decision does not state whether Bumpus experienced discrimination—that will be determined once the case moves forward. It is unclear whether the NYCTA will appeal.
What is clear, however, is the HRL’s ability to defend New Yorkers from discrimination.
The city’s Human Rights Law is one of the most comprehensive civil rights laws in the world, offering more protection than any New York state or federal law. It forbids discrimination in employment, public accommodation and housing based on race, color, creed, age, national origin, alienage or citizenship status, gender, sexual orientation, disability, marital status, partnership status, conviction record and status as a victim of domestic violence, stalking and sex offenses. It was amended in 2002 to include gender identity.
The law is incredibly broad and powerful for other reasons. It includes a Human Rights Commission that plaintiffs can speak with; plaintiffs may also file their own lawsuits. And the law ensures that the prevailing parties get attorney fees. This encourages plaintiffs to come forward regardless of their financial status.
As the executive director at Transgender Legal Defense & Education, Michael Silverman has called up on the HRL in many cases (see below). He’s not surprised by the Bumpus ruling. “Public agencies are subject to New York City Human Rights Law as long as the application of the law isn’t interfering with their essential function,” he said. In other words, if the NYCTA couldn’t run the trains unless it discriminated against transgender straphangers, it might have had a case.
Law and Order in Action
The New York City Human Rights Law is one of the most broad and progressive anti-discrimination laws in the nation. It’s the cornerstone of these two recent LGBT cases.
Helena Stone, 2006
Stone, a 70-year-old transgender woman, filed a complaint against the Metro Transit Authority (MTA) for harassing and arresting her when she used the women’s restroom at Grand Central Station. She won a settlement, and the MTA changed its policy.
Khadijah Farmer, 2007
During Gay Pride, a bouncer at Village restaurant Caliente kicked Farmer, a lesbian, out of the eatery because he thought she was a man using the women’s restroom—even after she produced her driver’s license. The case is still pending.
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