1
NEW YORK STATE DEPARTMENT OF
LABOR REPORT ON THE
EMPLOYMENT EXPERIENCES OF
TRANSGENDER NEW YORKERS
Table of Contents
2
TABLE OF CONTENTS
Welcome ........................................................................................................................................ 4
Letter from New York State Governor Kathy Hochul 4
Letter from Kiara St. James, Founder, New York Transgender Advocacy Group 5
Executive Summary ...................................................................................................................... 6
New York State vs National Legislation ..................................................................................... 9
New York State: Legislative Leader 9
National Surge in Anti-Trans Legislation 11
The Population Included in this Report 12
Glossary of Terms ...................................................................................................................... 14
Methodology ................................................................................................................................ 18
Research Findings ...................................................................................................................... 22
Quantitative Data 22
Demographics 22
Unemployment 23
Income 26
Education 28
ID/Documentation 30
Qualitative Data 31
Discrimination 33
Additional Barriers for TGNCNB People of Color 40
Compounding Barriers 42
Lack of Cultural CompetEncy Around Gender Identity and Expression 44
Disparate Education and Training Outcomes for TGNCNB Individuals 47
Applying for Jobs 50
Passing as cisgendeR or being stealth 54
Generational Differences 55
Diversity in Employment Options 57
Being Trans in New York 61
Policy Recommendations .......................................................................................................... 65
Table of Contents
3
STRENGTHEN Collection of Gender Data at Federal Level 65
Support the TGNCNB Population with Workforce Development Programs 67
Host job fairs with trans-affirming employers 67
Expand Funding for workforce Training & Entrepreneurship for TGNCNB Individuals 68
Require Gender Identity and Discrimination Training For All 69
Bolster GENDA awareness and Enforcement 71
Alleviate Barriers to Legal Documentation 72
Establish New York State as a Model Employer and Service Provider to TGNCNB New
Yorkers 74
Simplify the State Procurement Process 76
Reduce Barriers to Employment Due to Justice Involvement 77
Ban the Box and Fair Chance Act 77
Acknowledgements .................................................................................................................... 79
Appendices .................................................................................................................................. 81
Appendix I: Report Legislation 81
Appendix II: Tools referenced in the report that Ask About Gender 82
National Academies Report on Measuring Sex, Gender Identity and Sexual Orientation:
Examples of Two-Step Gender Measures 82
BRFSS tool 86
Appendix III: 2022 BRFSS Data Set 87
Appendix IV: 2021 Network Needs Assessment TGNC Employment Results Data Set 88
Appendix V: New York State Department of Labor Comment on Adding SOGI Questions to
ACS 95
Appendix VI: Works Cited 99
Literature Review 99
Welcome & Executive Summary
4
WELCOME
LETTER FROM
NEW YORK STATE
KATHY HOCHUL
Dear New Yorkers,
As the birthplace of the LGBTQ+ civil rights movement, New York State has maintained a deep
commitment to providing greater respect, stronger protections, and better opportunities for the
LGBTQ+ community. Still, our fight for equality is far from over as LGBTQ+ New Yorkers –
particularly transgender, gender nonconforming, and non-binary New Yorkers – continue to face
challenges in accessing housing, health care, and employment.
In 2022, I signed legislation to help our state better understand the employment experiences of
transgender New Yorkers through an effort led by the New York State Department of Labor and
the New York State Division on Human Rights. This report is the product of that legislation, and
in addition to providing a glimpse into the work lives of TGNCNB New Yorkers, it charts a path
forward on addressing the barriers they face.
New York has already made remarkable strides in the fight for progress for TGNCNB New
Yorkers and the entire LGBTQ+ community. We have built transformative, affordable homes for
LGBTQ+ seniors and formerly homeless young adults. We established the Lorena Borjas
Transgender Wellness and Equity Fund to support service providers serving TGNCNB New
Yorkers and funded mental health support for LGBTQ+ youth. We expanded the Gender
Recognition Act, and last year, I signed legislation to make elections for party positions more
inclusive. By better understanding the obstacles that TGNCNB New Yorkers face, which are
even more pronounced for TGNCNB people of color, we will do even more to achieve the policy
solutions that will help these communities thrive.
I am proud that New York State has taken action to strengthen its role as a model employer and
advocate for TGNCNB New Yorkers, and I thank the officials from the New York State
Department of Labor, the New York State Division of Human Rights, and the New York State
Department of Health who made this report possible. New York remains committed to providing
an open and affirming workplace for TGNCNB workers, and my administration will continue to
provide the resources and protections that allow all New Yorkers to live free from discrimination
as their truest, most authentic selves.
Sincerely,
Governor Kathy Hochul
Welcome & Executive Summary
5
LETTER FROM KIARA ST. JAMES
, FOUNDER, NEW YORK
TRANSGENDER ADVOCACY GROUP
Dear New Yorkers,
The New York Transgender Advocacy Group is a Trans-led organization. Our mission is to
advocate for more inclusive gender-based policies that benefit Transgender and Gender Non-
Conforming/Non-Binary (TGNCNB) individuals through building community leaders, educating
practitioners, and influencing policy makers. Our vision is to create an equitable society for
TGNCNB people. To achieve this, we work with stakeholders around New York to train and
empower the TGNCNB community to become active leaders in shaping the world around them.
In my experience working with the TGNCNB community I have found that TGNCNB individuals
often face significant employment barriers, rooted in societal prejudice and discrimination.
Circumstances such as being disowned by family has led many TGNCNB individuals to be left
unhoused and forced to focus on survival instead of pursuing an education. Discriminatory
hiring practices, lack of workplace inclusivity, and hostile work environments contribute to higher
rates of unemployment within the transgender community. TGNCNB individuals may encounter
workplace challenges such as intentional misgendering, harassment in the form of invasive
questions, or unequal opportunities.
I have always known that until data was collected on the TGNCNB community we would not be
able to effectively advocate for resources such as affirming healthcare, housing and
employment opportunities. Collecting data leads to identifying the needs and priorities of
marginalized communities. This is why I advocated for this report, and I am so appreciative of
Governor Kathy Hochul for understanding how vital this data is to build a more inclusive space
for TGNCNB New Yorkers.
Through my advocacy work I hope to create a future where individuals in the TGNCNB
community have access to safer, more diverse and affirming employment spaces. Creating a
better understanding of the TGNCNB community is essential in creating a work experience that
is enriching not only for TGNCNB individuals but all New York employees alike.
Kiara St. James, Founder & Co Executive Director of Programs NYTAG
Welcome & Executive Summary
6
EXECUTIVE SUMMARY
On August 10, 2022, Governor Hochul signed legislation tasking the New York State
Department of Labor to gather employment metrics on transgender New Yorkers, a community
which has long been excluded from data sets. The new law (S.5933-A/A.8133; Chapter 492 of
the Laws of 2022), directs the New York State Department of Labor (the Department) to:
1. Conduct a study on the statewide employment rate of transgender individuals in New
York (A copy of the full text of the legislation is available in Appendix I).
2. Determine whether employment disparities among transgender individuals in New York
exist, and if so, evaluate the factors contributing to those disparities, including
discrimination, and recommend proposals to address barriers to equal employment for
transgender New Yorkers.
3. Analyze of the impact of racial and ethnic intersections that may exacerbate disparities
and barriers to employment.
The stories of the TGNCNB (transgender, gender non-conforming and non-binary) community
are important to understanding the challenges to employment that these community members
experience. This is why the Department focused on those stories through qualitative data.
Federal statistics on transgender individuals is limited. The federal surveys used to determine
employment rates statewide do not ask gender identity questions, and until they do, an
employment rate for TGNCNB individuals will not be possible. For this reason, the Department
wrote to support the US Census Bureau’s proposal to add questions on sexual orientation and
gender identity (SOGI) to the American Community Survey (ACS). See Commissioner
Reardon’s letter to the Census Bureau in Appendix V.
New York State has been setting an example for the rest of the country by passing laws
protecting TGNCNB New Yorkers' rights. In a time when anti-trans sentiment and laws are on
the rise nationwide, New York has included gender identity and expression as protected classes
under its Human Rights Law since 2019. In May 2022, Governor Hochul announced New
Yorkers would have the option to choose “X” as a gender marker on their driver’s licenses,
learner’s permits, or non-driver ID cards. Governor Hochul also signed legislation establishing
the Lorena Borjas Transgender and Non-binary Wellness and Equity Fund to support
organizations providing critical services in the community, and in June 2023, Governor Hochul
signed nation-leading legislation establishing New York as a “safe haven” for trans youth, their
families, and healthcare providers.
Significant Employment Barriers Exist for TGNCNB New Yorkers:
Despite legislative efforts, research conducted for this report finds that TGNCNB New Yorkers
experience less employment and lower incomes throughout the state than non-TGNCNB New
Yorkers. Existing experimental population surveys through the US Census Bureau and Centers
Welcome & Executive Summary
7
for Disease Control and Prevention (CDC) as well as other targeted surveys of the TGNCNB
community point toward significant disparities in employment outcomes for TGNCNB
individuals.
Extensive qualitative data was collected from TGNCNB New Yorkers for this report through an
online public comment form, focus groups, and interviews to understand these disparities. This
rich data revealed ten themes essential to the TGNCNB employment experience in New York:
1. Employment discrimination based on gender identity is pervasive throughout the state
and the leading cause of lower incomes and underemployment among TGNCNB New
Yorkers. Discrimination presents itself in many ways, including termination,
microaggressions, pigeon-holing in particular industries, and harassment.
2. TGNCNB people of color experience greater employment disparities as they also
experience racial discrimination. Immigrant TGNCNB New Yorkers face barriers related
to documentation in addition to gender-based barriers.
3. There are significant compounding barriers among this population that, in addition to
discrimination, make full employment difficult to achieve. These compounding barriers
include housing insecurity, justice involvement, disability, and needs related to gender-
affirming care.
4. There is a lack of cultural competency statewide regarding gender identity and
expression. This includes a lack of knowledge surrounding the protections and gains the
TGNCNB community has achieved through legislation in New York State.
5. TGNCNB New Yorkers experience employment challenges related to both under
education and over education. For many individuals, discrimination experienced in
educational institutions has led them to leave school and not pursue higher education. At
the same time, TGNCNB individuals with higher degrees are often unable to obtain jobs
that match their credentials.
6. Applying for jobs as a TGNCNB individual is a uniquely difficult experience that can lead
some to voluntarily remove themselves from the workforce.
7. There is a genuine fear for safety in the workplace among TGNCNB individuals. This
has led many TGNCNB New Yorkers to prefer not to be out as their full selves at work.
Some do this by deciding to present as their sex assigned at birth. Other TGNCNB
individuals do not get perceived as TGNCNB and are assumed to be cisgender. These
individuals may opt to not come out in the workplace, or not disclose their trans
experience to others.
8. There is a difference between younger and older TGNCNB New Yorkers. Younger
individuals are increasingly identifying outside the binary as gender non-conforming or
non-binary, while older TGNCNB individuals continue to primarily identify as trans men
or trans women. There is a growing desire among younger TGNCNB people to be out at
Welcome & Executive Summary
8
work, while older TGNCNB individuals are more likely to prefer not to disclose their trans
experience to others.
9. Discrimination and other barriers to employment have led TGNCNB New Yorkers to
seek self-employment opportunities including consulting, independent contracting, and in
the underground economy.
10. There is a regional difference between the experiences of TGNCNB individuals in New
York City, and other large cities, versus those in more rural areas of the state. Large
cities offer more resources for the TGNCNB population, but are also more expensive,
which presents challenges for a population experiencing lower incomes and higher
levels of poverty.
Policy Recommendations:
New York State is committed to supporting TGNCNB individuals, but there is more work to be
done. The State can take additional steps by implementing policy changes to address the
employment disparities experienced by TGNCNB New Yorkers.
These steps include:
• Advocating for uniform collection of data regarding gender identity by Federal agencies,
especially the US Census Bureau.
• Providing workforce development programming targeting the TGNCNB population.
• Providing cultural competency and GENDA training across the State.
• Exploring additional ways the State can reduce barriers to obtaining identity documents
that reflect a person’s gender identity.
• Modeling best practices for employers when serving TGNCNB New Yorkers.
• Addressing barriers to employment for justice-involved individuals.
The entire state will benefit from greater workforce participation by TGNCNB New Yorkers.
Correcting for years of under-employment and low wages will allow new involvement in local
economies by TGNCNB individuals. By creating equitable and affirming workplaces, employers
will also benefit from greater retention, saving money on recruitment and onboarding. As
younger generations increasingly identify as gender diverse, New York is in a critical moment.
We must work together with employers and workers to take the necessary steps to ensure all
generations of workers have open and supportive employment experiences.
NYS & US Legislation
9
NEW YORK STATE
VS NATIONAL
LEGISLATION
NEW YORK STATE: LEGISLATIVE LEADER
The New York State Department of Labor (the Department) conducted this study on the
employment experiences of Transgender New Yorkers as part of a larger effort over the past
five years, in which New York State has taken decisive steps to create a safe and affirming
place for transgender, gender non-conforming and non-binary (TGNCNB) residents.
1
These
legislative changes have sought to address some of the most significant barriers to employment
that TGNCNB community members raised during the Department’s research for this report.
These barriers include discrimination and harassment, complications from lacking legal
identification that matches one’s gender identity, and compounding barriers such as justice
involvement and mental health care access.
In 2019, the State’s Human Rights Law was amended through the Gender Expression Non-
Discrimination Act (GENDA) to “explicitly add gender identity and expression as a protected
category.”
• GENDA prohibits discrimination on the basis of gender identity or expression in
employment, housing, public accommodation and non-religious education.
2
• Upon the passage of GENDA, the State conducted an educational campaign with
members of the TGNCNB community, as well as employers, to spread awareness
regarding the new protections under the law.
Naming gender identity and expression as protected categories under the State’s Human Rights
Law was an essential step in combatting harassment and discrimination against New Yorkers of
trans experience. Upon review of their records, as of October 2023, NYS DHR received over
1,200 complaints involving gender identity or expression. Approximately 65% of those
complaints are related to employment-based discrimination and approximately 26% are related
to public accommodation discrimination.
In 2021, New York took two major steps to reduce employment barriers caused by identification
mismatch and the historical criminalization of TGNCNB identities. The State passed the Gender
1
Governor’s Press Office, “Governor Hochul Signs Legislation Aimed at Addressing Economic Inequities Facing
Transgender New Yorkers | Governor Kathy Hochul,” New York Governor Kathy Hochul, August 2022,
https://www.governor.ny.gov/news/governor-hochul-signs-legislation-aimed-addressing-economic-inequities-facing-
transgender-new. Governor’s Press Office.
2
NYS DHR, “Human Rights Law Protections for Gender Identity & Expression,” Division of Human Rights, 2019,
https://dhr.ny.gov/genda
NYS & US Legislation
10
Recognition Act and repealed a criminal anti-loitering law commonly referred to as the “Walking
While Trans” ban.
3
The Gender Recognition Act streamlined the name change and gender marker change process
in New York State.
4
The legislation achieved the following gains:
• It removed the requirement for all name changes to be published in the newspaper,
protecting the identities and safety of TGNCNB individuals seeking legal transition.
• It introduced the X gender marker on New York State documents, such as a state issued
driver’s license and birth certificates.
• It ended the requirement for a doctor’s note to change one’s gender marker on a state
issued ID.
In 2022, the Gender Recognition Act was expanded to require all New York State agencies that
collect demographic information about gender or sex during interactions with the public to
provide individuals the option to select “X” as their sex or gender marker on all relevant forms no
later than January 1, 2024.
Having legal identification that is consistent with one’s gender identity is essential when seeking
employment as well as housing. It can limit discrimination and harassment. Most importantly, it
allows individuals of trans experience to live fully as their authentic selves.
In the same year as the enactment of the Gender Recognition Act, New York also repealed an
anti-loitering law, commonly referred to as the “Walking While Trans” ban. Since it was passed
in 1976, this anti-loitering law was used to harass and arrest law-abiding trans people under
suspicion of prostitution.
5
In 2022, the State took additional steps to support the TGNCNB community and address
disparities in access to important programs and services by establishing the Lorena Borjas
Transgender and Non-binary Wellness and Equity Fund (TWEF).
6
The FY2023 Enacted Budget
included $3 million in funding to support this initiative, including $2 million through the
Department of Health and $1 million through a program administered by the state legislature.
The fund supports organizations that provide critical services to the transgender, gender non-
conforming, non-binary, and intersex community (TGNCNBI).
In 2023, Governor Hochul announced an additional $1 million in youth suicide prevention
funding expanding TWEF, as well as an additional $5 million in funding for gender affirming
3
See, New York State Session Laws, Chapter 23 of the Laws of 2021.
4
See New York State Session Laws, Chapter 159 of the Laws of 2021, and Chapter 163 of the Laws of 2022.
5
Jaclyn Diaz, “New York Repeals ‘Walking While Trans’ Law,” NPR, February 2021, sec. Law,
https://www.npr.org/2021/02/03/963513022/new-york-repeals-walking-while-trans-law. Diaz.
6
Governor’s Press Office, “Governor Hochul Signs Legislation in Honor of LGBTQ+ Pride Month and Empowers New
York State Agencies to Provide More Support to LGBTQ+ New Yorkers | Governor Kathy Hochul,” governor.ny.gov,
June 2022, https://www.governor.ny.gov/news/governor-hochul-signs-legislation-honor-lgbtq-pride-month-and-
empowers-new-york-state-agencies.
NYS & US Legislation
11
senior housing projects that support TGNCNB individuals. Funding supportive programs for the
TGNCNB community is a straightforward way New York State has demonstrated a commitment
to improving the lives of New Yorkers of trans experience.
In June of 2023, Governor Hochul signed a groundbreaking new law that makes New York a
"safe haven" for the trans community by ensuring New York will protect trans youth, their
parents and their doctors and another law which protects the right of trans youth to receive
addiction treatment and rehabilitation.
7
The safe haven law ensures that trans children will not
be separated from parents who help them seek out gender-affirming care and prohibits
authorities from assisting other states’ investigations into families and healthcare providers
seeking such care.
8
Protecting trans youth is vital for the future of New York State.
Finally, in November of 2023, Governor Hochul took the important step of helping certain
justice-involved individuals escape the specter of background checks in employment, housing,
banking and education by signing the Clean Slate Act. This law allows certain criminal
convictions to be sealed if the person has not committed another crime in the intervening years.
For different reasons, some of which will be discussed later in this report, TGNCNB individuals
have a higher likelihood of being involved in the justice system than the general population.
9
The Clean Slate Act has the potential to have an important impact on TGNCNB New Yorkers as
they seek employment, as well as housing and financial security.
NATIONAL
SURGE IN ANTI
-
TRANS LEGISLATION
Despite legislative gains in New York State, TGNCNB New Yorkers are not immune to
skyrocketing anti-trans rhetoric and sentiments nationwide. TGNCNB individuals nationwide
report facing higher rates of unemployment, workplace discrimination, harassment, housing
insecurity, and violence.
10
As of May, a record number of anti-LGBTQ+ bills, over 520, have
been introduced in state legislatures in 2023. Also record-breaking, over 220 of those state bills
specifically target transgender and non-binary people.
11
These anti-trans bills seek to impact
health care access, student athletics, military service, incarceration, and education.
7
See New York State Session Laws, Chapter 143 of the Laws of 2023.
8
Giulia Heyward, “NY Designates State a ‘Safe Haven’ for Trans Youth, Families and Health Providers - Gothamist,”
News, Gothamist, June 2023, https://gothamist.com/news/ny-designates-state-a-safe-haven-for-trans-youth-families-
and-health-providers. Heyward.
9
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “New York State LGBTQ+ Health and Human Services Needs
Assessment: 2021 Community Survey” (The New York State Network for LGBTQ Health and Human Services,
2022). Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J,.
10
Caroline Medina and Lindsay Mahowald, “Discrimination and Barriers to Well-Being: The State of the LGBTQI+
Community in 2022,” Center for American Progress (blog), January 2023,
https://www.americanprogress.org/article/discrimination-and-barriers-to-well-being-the-state-of-the-lgbtqi-community-
in-2022.
11
Cullen Peele, “Roundup of Anti-LGBTQ+ Legislation Advancing In States Across the Country,” Human Rights
Campaign, May 2023, https://www.hrc.org/press-releases/roundup-of-anti-lgbtq-legislation-advancing-in-states-
across-the-country.
NYS & US Legislation
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“My recent experiences (since 2019) have been more positive but I still am forced to decide whether outing
myself is safe. At one of my last places of employment, I was specifically warned by two other LGBTQ+
employees to not disclose that I am transgender. In no way did I feel safe with management or security staff.
One security staff member listened to anti-trans news reports while at work, including in public spaces.” –
Public Comment submitted to NYS DOL from Transgender Man, White, Western New York
12
These policies are inextricably linked to anti-transgender disinformation and violence.
13
As anti-
trans legislation increases across the United States, this study provides essential information on
the reality of employment for TGNCNB New Yorkers, the barriers that exist to employment, and
the ways in which the state can address employment disparities at a state level.
“As a transgender person who has friends all over the United States. I am constantly hearing the bad news
about anti-trans legislation and the circumstances my friend[s] are in related to being trans. I have had
friends beaten, fired from jobs, chronically unemployed, denied healthcare, etc. I carry that around with me
emotionally. Despite the relatively good conditions here in New York I am afraid of the actions of individuals
who are caught up in anti-trans rhetoric…I am worried about both quiet actions like people working to get me
fire[d] or tear me down at work along with actual threats of violence” – Public Comment submitted to NYS DOL
from Non Binary Woman, White, Finger Lakes
THE POPULATION INCLUDED IN THIS REPORT
The Department was directed to study the employment rate for transgender people in New York
State as well as analyze their employment experiences. A transgender person is one whose
gender identity is different than the sex they were assigned at birth. Trans is a Latin prefix
meaning “on the other side of,” and historically, transgender has been used as an umbrella term
for “anyone who is not cis[gender].”
14
The term cisgender is derived from Latin as well; “cis” is a
Latin prefix meaning “on this side of.” Gender identity exists beyond the traditional binary. In
addition to trans women and trans men, gender minorities include non-binary, agender, gender
fluid, and two-spirit individuals. It is important to note the list of gender identities here is not
exhaustive and that all gender identities are valid.
Gender identity is also evolving and so too are the ways in which individuals are choosing to
identify themselves. For example, some individuals might change their gender identity over
time. Additionally, some people of transgender experience do not identify as trans, and instead
identify simply as a male or female.
15
With the goal of looking at the employment landscape for
those experiencing discrimination based on gender and assessing potential recommendations
12
Public Comment refers to the NYS DOL Online Public Comment form available March 2023 – September 2023. All
gender identities and races are self reported. Everyone quoted consented to have their comments included in the
report.
13
Medina and Mahowald, “Discrimination and Barriers to Well-Being.” Medina and Mahowald.
14
Andrea Bowen, “Work It, NYC: A Comprehensive Guide to LGBTQI+ Workplace Inclusivity” (NYC Unity Project &
NYC Center for Youth Employment, June 2023),
https://lgbtqwork.cityofnewyork.us/DOH_Unity_Project_Workforce_Manual.pdf. Bowen.
15
Meeting with National Center for Transgender Equality, Microsoft Teams, November 2022. Meeting with National
Center for Transgender Equality.
NYS & US Legislation
13
to address them, it is clear this report does not focus solely on those that identify explicitly as
transgender.
With the goal of looking at the employment landscape for those experiencing discrimination
based on gender, the Department studied all gender minorities including, but not limited to,
transgender, non-binary, gender non-conforming, gender fluid, agender, and two-spirit.
16
The
report will use the acronym TGNCNB (transgender, gender non-conforming, and gender non-
binary) to refer to these distinct yet connected communities.
17
16
Because the gender binary lines up with the understanding of biological sex traits, sex and gender are often
conflated. The Intersex or DSD population is a minority population defined by sex traits, not gender. Intersex
individuals have sex traits that do not all correspond to a single sex. People with intersex traits face discrimination
and mistreatment by medical professionals as well as non-voluntary medical interventions. Society’s conflation of sex
and gender leads to a frequent confusion between the intersex and transgender population, but the two are distinct
and generally unconnected. As this report seeks to concentrate on the impact of gender identity on employment
experiences, intersex individuals are not included in the study.
17
Bowen, “Work It, NYC: A Comprehensive Guide to LGBTQI+ Workplace Inclusivity.” Bowen.
Glossary
14
GLOSSARY OF TERMS
Below is a list of terms and their definitions often used when discussing the transgender, gender
non-conforming and non-binary (TGNCNB) community that will be mentioned throughout this
report. Many of these terms’ definitions are taken from the NYS Gender Identity Toolkit
Language Primer
AFAB (Assigned Female at Birth): Acronym meaning “assigned female at birth.” Sex classification at birth is usually
based on physical anatomy, genitalia, and karyotyping (genetic testing).
AGAB (Assigned Gender at Birth): This refers to the gender that the doctor wrote on an individual’s birth
certificate.
18
Agender: An umbrella term that includes many different genders of people who identify as having no gender or
having a gender that they describe as neutral. Many agender people also identify as transgender.
AMAB (Assigned Male at Birth): Acronym meaning "assigned male at birth." Sex classification at birth is usually
based on physical anatomy, genitalia, and karyotyping (genetic testing).
Birth Name: A term used by people who have changed their name to reference the name they were given at birth.
Many members of the TGNCNB communities do not like to have their birth name referenced and find it to be
upsetting and disrespectful for others to do so.
Cis or Cisgender: A term used to describe a person whose gender identity aligns with what is expected of them in
their culture based on the sex assigned to them at birth. The prefix cis- means "on this side of" or "not across."
Deadname/Deadnaming: A term used by some people, who have changed their name, to reference the name they
were given at birth (see Birth Name). Many members of the TGNCNB communities do not like to have their
deadname referenced and find it to be upsetting and disrespectful for others to do so.
Gender: A term referring to the socially constructed system of categorizing people according to a range of
characteristics often associated with masculinity or femininity. These characteristics may include social structures,
attitudes, feelings, behaviors, and/or appearance. Different cultures and societies have different understandings of
gender.
Gender Binary: A system of viewing gender as consisting of two, opposite categories, termed "male and female," in
which no other possibilities for gender or anatomy are recognized.
18
“AGAB / DGAB / IS » The Trans Language Primer,” August 2021, https://translanguageprimer.com/agab/. “AGAB /
DGAB / IS » The Trans Language Primer.”
Glossary
15
Gender Dysphoria: A condition that affects many transgender people before they transition (begin living as their
authentic selves). It describes a sense of unease regarding the mismatch between assigned sex and gender identity
— and it can occur at any point during life, from childhood to adulthood. Left untreated, gender dysphoria can lead to
severe emotional and psychological distress.
19
Gender Expression: External appearance of one's gender identity, usually expressed through behavior, clothing,
haircut, and/or voice. It may or may not conform to socially defined behaviors and characteristics typically associated
with the sex assigned to an individual at birth.
Gender Fluid: A person whose gender identity and presentation shifts or is not fixed.
Gender Identity: An individual's concept of self as male, female, a blend of both, or neither. One's gender identity
can be the same or different from their sex assigned at birth. An individual's gender identity may be consistent for
their whole life or may change over time.
Gender Minority: Individuals whose gender identity (man, women, another gender identity) or expression
(masculine, feminine, another gender expression) is different from their sex (male, female) assigned at birth. This
term is often used in contrast to the gender majority, which are people who identify as the same gender they were
assigned at birth (cis men and women).
20
Gender Non-Conforming (GNC): A broad term referring to people who do not behave in a way that conforms to
traditional or societal expectations of their gender. It also includes people whose gender expression does not fit
neatly into any one category. Expectations of gender vary across cultures and have changed over time.
Intersex: People born with a variety of differences in their sex traits and reproductive anatomy. There is a wide
variety of difference among intersex variations, including differences in genitalia, chromosomes, gonads, internal sex
organs, hormone production, hormone response, and/or secondary sex traits.
LGBTQ+: An acronym commonly used to represent the lesbian, gay, bisexual, transgender, and queer communities.
Other variations exist, including LGBT and LGBTQIA (referring to intersex and asexual). They all refer to the
communities of people who do not identify as heterosexual, do not identify as cisgender, or do not identify as either.
Misgendering: Attributing a gender to someone that is incorrect or does not align with their gender identity.
Microaggression: A comment or action that subtly and often unconsciously or unintentionally expresses a
prejudiced attitude toward a marginalized group member (such as a racial or gender minority).
21
Non-Binary (NB or Enby): An adjective describing a person who does not identify solely as a man or a woman, but
may identify as both, as a combination, and/or as another gender. Many non-binary individuals also identify as
transgender, but some do not. Non-binary can also be an umbrella term encompassing identities such as agender,
bigender, genderqueer or gender-fluid.
19
“Glossary of Terms,” Human Rights Campaign, n.d., https://www.hrc.org/resources/glossary-of-terms;
“Transgender and Gender Diverse Pharmacy Resource Guide - HRC Foundation,” accessed March 1, 2023,
https://www.thehrcfoundation.org/professional-resources/transgender-pharmacy-guide.
20
“Terminology | DASH,” Centers for Disease Control and Prevention, December 2022,
https://www.cdc.gov/healthyyouth/terminology/sexual-and-gender-identity-terms.htm. “Terminology | DASH.”
21
“Microaggression Definition & Meaning - Merriam-Webster,” accessed September 8, 2023, https://www.merriam-
webster.com/dictionary/microaggression. “Microaggression Definition & Meaning - Merriam-Webster.”
Glossary
16
Out: The status of making one's sexual orientation or gender identity known to others. An individual may choose to
be out in some situations (such as among friends), but not others (such as at work).
Outing: The act of exposing someone's lesbian, gay, bisexual, or transgender identity to others without their
permission.
Passing: A term often used to express being seen and treated as cisgender. The term was originally used to talk
about Black people who could be perceived and treated as white and continues to be used in both instances today.
22
Queer: The term queer can include a variety of sexual orientations and gender identities that are anything except
heterosexual and cisgender. In the past, the word queer was used to hurt and insult people. Some people find it
offensive, particularly those who remember when the word was used in a painful way. Others use the word with pride
to identify themselves. If you are unsure if it is appropriate to use queer to describe a person or a group of persons,
ask them what label(s) they use for themselves.
Sex: The classification of people as male, female, or intersex, based on physical anatomy, genitalia at birth, and/or
karyotyping. One's sex does not determine their gender, gender identity, or gender expression.
Sex Assigned at Birth: The sex, male, female, or intersex, that a doctor or midwife uses to describe a child at birth
based on their external anatomy.
Sexual Orientation: Sexual orientation refers to an individual's attraction to another person romantically, emotionally,
and sexually. Common sexual orientations include heterosexual (straight), gay, lesbian, bisexual, and asexual. Note:
Sexual orientation is different than gender identity. Sexual orientation is about who you want to be with. Gender
identity is about who you are. This means that being transgender is not the same thing as being gay, lesbian, or
bisexual, although some transgender individuals also identify as gay, lesbian, bisexual, queer, or asexual. Every
individual has both a sexual orientation and a gender identity.
Stealth: A transgender person choosing to be known (or Passing) universally as a cisgender person of their gender.
Their transgender status may only be known by a select few in their life.
23
Trans/Transgender: An umbrella term for people whose gender identity and/or expression is different from cultural
expectations based on their sex classification. Transgender is often abbreviated to trans. Being transgender does not
imply any specific sexual orientation. Transgender people may identify as straight, gay, lesbian, bisexual, et cetera.
Transitioning: The processes by which an individual changes from one gender to another. There are three general
aspects to transitioning: social (e.g., name, pronouns, interactions), medical (e.g., hormones, surgery), and legal
(e.g., gender marker, name change). A trans individual may pursue any combination, or none, of these as part of their
transition.
22
“Passing » The Trans Language Primer,” August 2021, https://translanguageprimer.com/passing/. “Passing » The
Trans Language Primer.”
23
“Stealth » The Trans Language Primer,” August 2021, https://translanguageprimer.com/stealth/. “Stealth » The
Trans Language Primer.”
Glossary
17
Two-Spirit: an intertribal umbrella term that serves as an English-language placeholder for tribally specific gender
and sexual orientation identities that are centered in tribal worldviews, practices and knowledges. Tribes have their
own specific term for gender statuses. Many go beyond the binary and are part of a holistic view of personhood that
encompasses not only gender but also a social and cultural position that shapes and defines all aspects of life. Two-
Spirit is a way to reference Indigenous identities, practices, and traditions. It is a term that is exclusively used by
members of the indigenous community.
24
24
National Academies of Sciences, Engineering, and Medicine, Measuring Sex, Gender Identity, and Sexual
Orientation, ed. Nancy Bates, Marshall Chin, and Tara Becker (Washington, DC: National Academies Press, 2022),
http://nap.nationalacademies.org/26424. National Academies of Sciences, Engineering, and Medicine.
Methodology
18
METHODOLOGY
The Department acknowledges that the people writing this report are not of trans experience,
and thus prioritized listening to, centering, and amplifying TGNCNB voices throughout the report
development and writing process. In undertaking this report the Department used a mixed
methods approach, incorporating both quantitative data, and qualitative data gained from
speaking directly with, and getting feedback from TGNCNB community members.
The law calling for this study directs the Department to report on data that does not exist. The
Department tracks national, state and local unemployment rates through the Census Bureau’s
Current Population Survey. This survey does not ask a respondent’s gender identity, only their
sex, which means there is no option for a respondent to mark if they are trans, gender non-
conforming, non-binary or intersex. As a result, the request to find the employment rate of
TGNCNB New Yorkers is not as simple as disaggregating available data. The Census Bureau is
now considering adding gender identity to the ACS, another economic indicator survey.
Commissioner Reardon wrote a comment to support this effort which can be found in Appendix
V.
Methodology
19
Details on how the employment rate is calculated in the US are available in the box below:
The primary source to calculate the unemployment rate in the US is the Current Population Survey (CPS).
The CPS is a monthly survey conducted jointly by the US Census Bureau and the Bureau of Labor
Statistics (BLS). Each month, Census Bureau staff contact about 60,000 households either via phone or
in person, and ask questions relating to employment, job-seeking, and non-labor force status (disability
status, childcare, etc.).
25
This data is collected by proxy reporting, where one person in a household is
asked about all the people living in their household. In addition to questions about employment,
participants are asked their age, race, marital status, educational background, as well as sex for
themselves and everyone who lives in their household. The criteria for being unemployed are those who
satisfy three criteria:
1. Are jobless
2. Are looking for a job
3. Are available for work
Those with jobs are considered employed. People who have a job but may not be working that week due
to vacation, illness, parental leave, taking care of a personal or family matter, are still considered
employed. The unemployment rate is the number of unemployed people as a percentage of the entire
labor force. These samples are broken down by state and geographic area in order to report out on the
unemployment rate for the country, each state, and smaller regions such as cities. Populations not
included in the CPS are those living in institutions such as prisons and long-term care facilities.
26
Attempts to expand questions on the CPS to include gender identity have been explored. In 2016 the
United States Office of Management and Budget (OMB)’s Federal Interagency Workgroup on Measuring
Sexual Orientation and Gender Identity (SOGI) released three working papers discussing the lack of
SOGI data at the government level. These working papers show a clear need to collect this data, but their
recommendations were not acted upon.
27
25
“How the Government Measures Unemployment : U.S. Bureau of Labor Statistics,” accessed October 5, 2023,
https://www.bls.gov/cps/cps_htgm.htm. “How the Government Measures Unemployment.”
26
Jessica L Holzberg et al., “Assessing the Feasibility of Asking About Gender Identity in the Current Population
Survey: Results from Focus Groups with Members of the Transgender Population” (Washington, DC: Office of Survey
Methods Research, U.S. Bureau of Labor Statistics, April 2018),
https://www.census.gov/content/dam/Census/library/working-papers/2018/adrm/rsm2018-05.pdf.
Holzberg et al.
27
“Current Measures of Sexual Orientation and Gender Identity in Federal Surveys,” Federal Interagency Working
Group on Improving Measurement of Sexual Orientation and Gender Identity in Federal Surveys, August 2016.
“Current Measures of Sexual Orientation and Gender Identity in Federal Surveys.”
Methodology
20
QUANTITATIVE DATA
To begin researching this report, the Department sought to understand the quantitative data that
exists regarding TGNCNB employment experiences to determine if disparities existed between
TGNCNB and cisgender New Yorkers.
The Household Pulse Survey (HPS) conducted by the Census Bureau is a 20-minute online
survey, offered for two weeks a month.
28
The survey asks about gender identity and
employment, but because of the quick turnaround needs of the survey, the response rate is low
(especially by Census Bureau-level standards), and it sacrifices much of the statistical
framework and significance of larger, more extensive surveys conducted by the Census Bureau.
Another national survey that asks about gender identity and employment is the Center for
Disease Control and Prevention’s (CDC) Behavioral Risk Factor Surveillance System (BRFSS)
survey.
29
BRFSS is an annual telephone survey given throughout the country. Much like HPS,
BRFSS asks questions about subjects that can affect a person’s health, such as employment,
housing, and typical demographic information, including gender. BRFSS is a more robust data
source, with a much better response rate than HPS. However, BRFSS still suffers from some of
the same statistical significance problems as HPS due to the low response rate among
individuals identifying as transgender at the state level.
30
For this report, the Department consulted with the State Data Center (the premiere source for
Census Bureau information) and New York State’s Chief Demographer, to analyze HPS data
from December 2022. The 2022 BRFSS was analyzed in conjunction with the NYS Department
of Health (NYS DOH)’s Bureau of Chronic Disease Evaluation and Research.
To supplement the experimental data presented by HPS and BRFSS, the Department reviewed
the 2021 LGBT Health and Human Services Network’s Needs Assessment Survey (The Needs
Assessment) and the 2015 US Transgender Survey New York State Report (USTS), which both
asked questions regarding gender identity and employment. These targeted population surveys
only provide information on the sample that responded, and the results cannot be generalized to
the whole population. Still, they provide an opportunity to observe potential patterns and
trends.
31
The Needs Assessment was conducted through a statewide survey, distributed by the
New York LGBT Health and Human Services Network (the Network) to its community members,
who are part of the LGBTQ+ community. The Network convenes over 60 agencies and
organizations that provide services to the LGBTQ+ community including health services, legal
services, housing and shelter, safety and violence prevention, and LGBTQ+ community
advocacy. The Needs Assessment survey was available online from July through November of
28
Explore more about the Household Pulse Survey here: https://www.census.gov/data/experimental-data-
products/household-pulse-survey.html
29
Explore more about BRFSS here: https://www.cdc.gov/brfss/index.html
30
NYS Department of Health, “2022 New York State Behavioral Risk Factor Surveillance System,” Brief (Albany, NY,
2022), https://www.health.ny.gov/statistics/brfss/reports/docs/2022-16_brfss_sogi.pdf.
31
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.” Guidry JA, Hou EP, Lopez M,
and Hatch M, Otting J,.
Methodology
21
2021.
32
The most recent US Transgender Survey with data available at the time of this report’s
publication was undertaken in the summer of 2015. The USTS provides a detailed look at the
experiences of over 27,000 TGNCNB people in all 50 states including 1,779 New Yorkers. The
National Center for Transgender Equality conducted another nationwide survey in 2022. A full
report is expected by 2024. Visit the USTS website to receive updates.
QUALITATIVE DATA
While reviewing the limited quantitative data, the Department engaged with TGNCNB
stakeholders, including academics in the research field, organizations working in the trans and
LGBTQ+ communities, and those who were proponents of the underlying legislation
(acknowledgements for stakeholder feedback available at the end of this report). This
engagement also provided deeper insight into the lack of reliable quantitative data surrounding
TGNCNB employment due to a failure by Federal, State and Local governments to collect
information on gender identity. The Department decided to prioritize centering the voices of
TGNCNB New Yorkers in its research by committing to collecting robust qualitative data (data
that describes qualities, and characteristics, and combines them into themes) for this report.
The Department next undertook a six-month online public comment period from March through
September 2023 inviting TGNCNB New Yorkers across the state to share their experiences
while seeking employment and while in the workforce. More than 350 TGNCNB New Yorkers
shared their stories with the Department. Through these public comments, the Department was
able to expand upon the themes gathered through stakeholder engagement. The stories shared
by TGNCNB New Yorkers identified the many ways discrimination in the workplace manifests,
including through microaggressions, being passed over for promotions, and being denied
gender-affirming accommodations. The public comments also illuminated barriers to
employment during the job application process and the safety concerns that lead many
TGNCNB New Yorkers to be closeted in the workplace.
To obtain a deeper understanding of the employment experiences of TGNCNB New Yorkers,
the Department enlisted the help of Zebra Strategies, a consulting firm with experience working
with the TGNCNB community and with people of trans experience on their staff. Zebra
conducted focus groups and in-depth interviews with TGNCNB New Yorkers. Each focus group
centered on a different TGNCNB population: older TGNCNB adults, TGNCNB immigrants,
TGNCNB New Yorkers living in rural counties, TGNCNB New Yorkers of color, and TGNCNB
New Yorkers living in metropolitan or city centers. Following the focus groups, in-depth
interviews (one in each category) took place, also led by Zebra. The Department did not
participate in the focus groups or in-depth interviews (IDIs) to ensure participants felt
comfortable sharing their experiences without government representatives present. The focus
groups and interviews expanded on the intersectional challenges faced by TGNCNB people of
color, the importance of cultural competency around gender toward achieving lasting equity, and
generational differences within the TGNCNB community.
32
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.” “Network Needs Assessment.”
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J,. “Network Needs Assessment.”
Research Findings
22
RESEARCH FINDINGS
The findings below use quantitative data to establish the existence of employment and income
disparities for TGNCNB individuals in New York. These disparities are then analyzed using
qualitative research to pinpoint the barriers to employment that persist for TGNCNB New
Yorkers.
QUANTITATIVE DATA
DEMOGRAPHICS
The below outlines demographics from the 2022 BRFSS. The estimated number of respondents
who identified as cisgender was 98.1%, with 1.2% identifying as transgender. Those classified
as transgender by BRFSS described their current gender as different from their sex assigned at
birth or chose the category transgender in response to the gender identity question. Of note,
only 34.2% of the transgender population in New York identifies as White (non-Hispanic)
compared to 53.0% of the cisgender population. The intersection of race and gender will be
essential to better understanding the employment experiences of TGNCNB New Yorkers.
A more significant proportion of trans New Yorkers, 66.8%, live in the New York City and Long
Island region of the state, compared to 57.1% of cisgender New Yorkers. New York City has the
highest cost of living in the state; given the likelihood of lower incomes and lower employment,
TGNCNB New Yorkers clustered in the NYC metropolitan area may be even more vulnerable to
experiencing poverty. Improving employment outcomes for this population is critical.
Research Findings
23
Table 1: 2022 BRFSS Survey
New York State Demographics by Gender
33
Cisgender
Transgender*
Age (years)
18-24
10.6%
19.5%
25-34
17%
16.7%
35-44
16%
24.2%
45-54
14.7%
14.9%
55-64
17.7%
10.8%
65+
23.8%
14%
Race/ethnicity
Black, non-Hispanic
13.9%
13.8%
Hispanic
19%
27.6%
Other race or multiracial,
non-Hispanic
34
14%
24.4%
White, non-Hispanic
53.0%
34.2%
Region of state
NYC and Long Island
35
57.1%
66.8%
Rest of regions
42.9%
33.2%
*Note: These data are experimental, and users should take caution using estimates based on subpopulations.
For the full BRFSS memo used for this report, go to Appendix III.
UNEMPLOYMENT
The limited quantitative data that exists regarding employment among TGNCNB individuals in
New York and throughout the United States consistently points to a higher frequency of
33
NYS Department of Health, “NYS BRFSS 2022.”
34
Includes respondents identifying as Asian, Pacific Islander, Native American or Multiracial, and non-Hispanic
35
Includes respondents from the 5 boroughs of New York City, Nassau and Suffolk counties
Research Findings
24
unemployment than that experienced by the general population, but none of the data points
below should be considered a true unemployment rate, as all the data sources have limitations.
For reference, the official unemployment rate from the census for NYS in December 2022 was
4.3%.
36
Table 2 below shows that for December 9
– December 19, 2022, of those who identified as
trans on the HPS in New York State, 30.3% lost employment income in the preceding four
weeks, compared to 11.9% of the general population at the same time. This data is not
statistically sound enough to be thought of as accurate.
37
The data presented for the entire
United States for same time period is more reliable. Approximately 22.2% of the estimated 1.7
million transgender individuals in the United States who responded to this survey experienced a
loss of employment income (either personally or by anyone in their household) in the preceding
four weeks, compared to 11.5% of the overall United States population.
38
TABLE 2: Week 52 Household Pulse Survey: December 9 - December 19 - 2022
Population 18 Years and Older
New York State and United States
Total
Population
Transgender
NYS % Loss of
Employment
11.9%
30.3%*
US % Loss of
Employment
11.5%
22.2%
*Note: These data are experimental, and users should take
caution using estimates based on subpopulations.
The 2022 BRFSS asked individuals to identify as employed or self-employed, unemployed, and
not in the labor force.
39
BRFSS data is more reliable in general than the HPS data, as its
response rate is much higher. However, the low response rate among trans individuals means
that those percentages may not be statistically sound.
40
Table 3: 2022 BRFSS Survey
36
“NYS Economy Added 22,100 Private Sector Jobs in December 2022,” New York State Department of Labor,
January 2023, https://dol.ny.gov/system/files/documents/2023/01/nys-economy-added-22100-private-sector-jobs-in-
december-2022.pdf. “NYS Economy Added 22,100 Private Sector Jobs in December 2022.”
37
The Census Bureau considers estimated coefficients of variation (the standard error divided by the estimate) over
30% to indicate serious data quality issues related to sampling error. The estimated coefficient of variation of the
transgender population estimate in NYS for week 52 is 63.4%, and the employment loss estimate for the transgender
population has an associated coefficient of variation of 96.2%, meaning these estimates are highly unreliable.
38
Since the coefficient of variation is less than 30% for the US number, this is a more reliable statistic.
39
NYS Department of Health, “NYS BRFSS 2022.” Albany, NY. 2022.
40
Due the small size of the transgender sample, the 95% confidence interval for the transgender population
estimates for each data point in this data set is large. Generally, it is a best practice not to meaningfully compare data
when a confidence interval for one point is so broad it includes the estimate for the other data set. Readers should
use caution when viewing this data.
Research Findings
25
New York State Employment by Gender
41
Cisgender
Transgender*
NYS
98.1%
1.2%
Employed/Self-
employed
56.4%
48.6%
Unemployed
7%
14.5%
Not in the labor force
42
36.6%
36.9%
*Note: These data are experimental, and users should take caution
using estimates based on subpopulations.
For the full BRFSS memo used for this report, go to Appendix III.
As seen in Table 3, 56.4% of the cisgender population was employed in 2022 versus 48.6% of
the transgender population. The BRFSS data also shows that only 7% of the cisgender
population was unemployed versus 14.5% of the transgender population. Similar numbers of
cisgender and transgender people were out of the labor force: 36.6% of the cisgender
population versus 36.9% of the transgender population.
The Needs Assessment found at all levels, work, health, mental health, income, and education
outcomes, were overall worse for TGNCNB respondents than their cis counterparts.
43
21% of
trans men, 14% of trans women, and 21% of GNCNB (gender non-conforming and non-binary)
people reported being unemployed during the survey period, compared to 6% of cis LGB
women and 9% of cis LGB men.
44
For TGNCNB respondents who were employed, the
percentage that had experienced job-related issues was higher than their cisgender
counterparts, with 16.2% of trans men, 14.2% of trans women, and 15.4% of GNCNB people
experiencing job-related issues compared to 10.9% of cis women and 7.6% of cis men.
Six years before the Network’s Needs Assessment, the 2015 USTS found that 18% of TGNCNB
respondents identified as unemployed and 37% lived in poverty. For comparison, at the same
time, the US unemployment rate was 5%, and the US poverty rate was 12%.
45
Based on this data from 2015 through 2022, there appears to be a history of unemployment
among the TGNCNB population. The data collected by the USTS in 2015 predates the passage
41
NYS Department of Health, “NYS BRFSS 2022.”
42
Includes respondents indicating they are homemakers, retired, students or unable to work.
43
Please note that the Needs Assessment data is looked at here divided by gender identity, and not sexual
orientation. The Needs Assessment surveys people across the LGBTQ+ spectrum. Most respondents are cisgender,
and identify as LGBQ+, so not a sexual orientation that is heterosexual (straight). This is a major difference between
the BRFSS and HPS, as most of the general population identified as cisgender in these surveys is assumed to be
heterosexual.
44
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.” Guidry JA, Hou EP, Lopez M,
and Hatch M, Otting J,.
45
National Center for Transgender Equality, “2015 US Transgender Survey: New York State Report” (Washington,
DC: National Center for Transgender Equality, October 2017),
https://transequality.org/sites/default/files/USTS%20NY%20State%20Report%20(1017).pdf. National Center for
Transgender Equality.
Research Findings
26
of GENDA, but the Network’s Needs Assessment survey and BRFSS collected New York State
data after GENDA was in effect. Despite expanded anti-discrimination protections in the
workplace, unemployment among the TGNCNB population continues to exceed unemployment
experienced by the general population.
INCOME
In 2015, the USTS found that 37% of the TGNCNB respondents from New York were living in
poverty despite the national poverty rate being 12%. The data obtained from the 2022 BRFSS
indicates that in the seven intervening years, low incomes are still more prevalent among the
trans population in New York than their cis counterparts.
As Table 4 demonstrates, BRFSS data found that 31.9% of the transgender population in New
York State had an annual household income of less than $25,000. In contrast, only 12.9% of the
cisgender population had incomes below $25,000 annually. In addition to having a more
significant share of its population experiencing low annual incomes, the transgender population
also has a lower percentage of individuals with higher incomes of $50,000 or more annually.
19.7% of trans respondents had an annual household income of $50,000 or more, while 41.6%
of the cisgender population had incomes of $50,000 or more.
Table 4: 2022 BRFSS Survey
New York State Annual Household Income by Gender
46
Cisgender
Transgender*
<$25,000
12.9%
31.9%
$25,000 - $49,999
17.7%
17.5%
$50,000 and greater
41.6%
19.7%
Missing
27.7%
31%
*Note: These data are experimental, and users should take caution using
estimates based on subpopulations.
For the full BRFSS memo used for this report, go to Appendix III.
The Network’s Needs Assessment supports the data collected by BRFSS. As shown in Table 5,
cisgender male respondents had the lowest percentage of individuals with an annual income
between $1 and $25,000 at only 13%. In contrast, of those who responded to the survey, 41%
of trans women, 33% of trans men, 37% of GNCNB individuals, and 39% of those with multiple
or other genders reported incomes between $1 and $25,000 annually.
47
Lower incomes, in
46
NYS Department of Health, “NYS BRFSS 2022.”
47
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.” Guidry JA, Hou EP, Lopez M,
and Hatch M, Otting J,.
Research Findings
27
addition to lower percentages of employment, are impacting TGNCNB individuals in New York,
leaving them vulnerable to experiencing higher rates of poverty.
Table 5: 2021 Network Needs Assessment Community Survey
Annual Household Income by Gender Identity
48
Income
Cisgender
male
Cisgender
female
Transman
Transwoman
Genderqueer,
gender non-
conforming, or
non-binary
Multiple
or other
genders
$0
3%
3%
19%
4%
12%
17%
$1-$25K
13%
21%
33%
41%
37%
39%
$25K-$50K
21%
27%
23%
22%
25%
17%
$50K-$75K
21%
21%
14%
11%
18%
12%
$75K-
$100K
15%
14%
5%
13%
5%
7%
$100K+
27%
13%
6%
8%
3%
7%
For the full Needs Assessment memo used for this data, go to Appendix IV.
48
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.” “Network Needs Assessment.”
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J,. “Network Needs Assessment.”
Research Findings
28
EDUCATION
Traditionally, education has been viewed as an important means to achieve higher incomes and
better employment. Both BRFSS and the Network’s Needs Assessment indicate that TGNCNB
New Yorkers are more likely than cisgender New Yorkers to leave high school before
graduating.
As shown in Table 6, based on BRFSS data, only 12.3% of cisgender New Yorkers have less
than a high school education. Conversely, 33.1% of transgender New Yorkers did not graduate
from high school. Only 19.5% of transgender New Yorkers have a college degree while 35.5%
of cisgender New Yorkers graduated from college.
Table 6: 2022 BRFSS Survey
New York State Education Level by Gender
49
Cisgender
Transgender*
Less than high school (HS)
12.3%
33.1%
High school or GED
26%
29.5%
Some post-HS
26.2%
18%
College graduate
35.5%
19.5%
*Note: These data are experimental, and users should take caution using
estimates based on subpopulations.
For the full BRFSS memo used for this report, go to Appendix III.
49
NYS Department of Health, “NYS BRFSS 2022.”
Research Findings
29
Table 7, based on the Network Needs Assessment survey findings, shows that of those that
responded to the community survey, 1% of cisgender men did not graduate high school
compared to 12% of trans men. Those identifying as multiple or other genders had the highest
number of respondents who did not complete high school at 15%. Interestingly, the Needs
Assessment does show the percentage of individuals receiving college degrees is consistent
across gender identities. Despite degree attainment, however, TGNCNB respondents indicated
lower incomes and employment in the Needs Assessment, implying advanced education may
not be enough to help TGNCNB individuals achieve economic stability.
Table 7: 2021 Network Needs Assessment Community Survey
Highest Education Level Achieved by Gender Identity
50
Education
Level
Cisgender
male
Cisgender
female
Transman
Transwoman
Genderqueer,
gender non-
conforming, or
non-binary
Multiple or
other
genders
Less than
high school
1%
2%
12%
4%
10%
15%
High school
5%
5%
12%
14%
9%
7%
Some
college
12%
13%
24%
21%
15%
17%
Associate’s
or technical
degree
7%
10%
10%
15%
6%
7%
Bachelor’s
degree
36%
33%
18%
27%
32%
30%
Graduate or
professional
degree
37%
38%
23%
19%
28%
24%
For the full Needs Assessment memo used for this data, go to Appendix IV.
50
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.”
Research Findings
30
ID/DOCUMENTATION
Identity documents are an essential part of applying for a job. For members of the TGNCNB
community, having identity documents that do not correspond to one’s identity can create
significant barriers when applying for jobs, and can create additional challenges when
employed. In 2015, only 12% of New York respondents to the USTS reported that all their IDs
had the name and gender they identified with. 28% of New York respondents who have not
changed their legal name, and 24% of those that have not updated the gender on their IDs,
reported they could not afford the change (completing a name change through the New York
State Court System costs $210). Over one third of New York respondents, 34%, stated that
after showing an ID with a name or gender that did not match their gender presentation, they
were verbally harassed, denied benefits or service, asked to leave, or assaulted.
51
Responses to the 2021 Network Needs Assessment indicate that achieving legal identification
that aligns with one’s gender identity continues to be a challenge for TGNCNB individuals. Of
those that responded to the survey, only 19% had tried to change the gender on their birth
certificate, while 33% of TGNCNB respondents had not, but would like to change the marker.
52
The challenges surrounding legal identification can out TGNCNB people at increased risk of
employment discrimination, as well as lower employment and income rates. For some TGNCNB
individuals, entering the job market without these affirming forms of identification is not worth the
risk, and the labor market suffers from their decision not to participate in the labor force.
51
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J,.”
52
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, "Network Needs Assessment.”
Research Findings
31
QUALITATIVE DATA
Numbers “can validate experiences, but experiences should stand for themselves as evidence
of a problem.”
53
At the heart of understanding the experiences of TGNCNB New Yorkers in the workplace are
the individual stories shared with the Department throughout the research process. For
illustrative purposes, figures A to C below highlight the distribution by age, race, and regions of
the state for respondents to the Department’s call for public comment. These figures do not
represent the whole TGNCNB population in New York State.
Figure A: Public Comment Responses by Region
53
Deena Fidas and Liz Cooper, “A Workplace Divided: Understanding the Climate for LGBTQ Workers Nationwide”
(Human Rights Campaign Foundation, June 2018), https://hrc-prod-requests.s3-us-west-
2.amazonaws.com/files/assets/resources/AWorkplaceDivided-2018.pdf.
Capital Region
16%
Central NY
2%
Finger Lakes
13%
Long Island
7%
Mohawk Valley
2%
North Country
4%
NYC
36%
Southern Tier
6%
Western NY
6%
Hudson Valley
7%
NA
1%
responses by Region
Research Findings
32
Figure B: Public Comment Responses by Age
Figure C: Public Comment Response by Race
16-25
17%
26-35
35%
36-45
22%
46-55
14%
56-65
8%
66+
2%
NA
2%
Age of Respondents
White
58%
Black or African
American
14%
Hispanic or Latino
12%
Asian American or
Pacific Islander
5%
Middle Eastern or
North African
2%
American Indian or
Native Alaskan
3%
Other
6%
Race/Ethnicity of Respondents
Research Findings
33
What follows are descriptions of the most prevalent topics throughout the public comments,
focus groups, IDIs, and stakeholder meetings, followed by the comments received from these
outlets. While the data does not encompass all TGNCNB New Yorkers’ experiences, it does
offer a rich understanding of what it means to be employed as a TGNCNB New Yorker and what
barriers prevent TGNCNB New Yorkers from experiencing positive employment outcomes.
54
All
the comments quoted below are examples of individual experiences as related by the individual
to the Department. The comments have been left unedited, including comments of alleged
discrimination and harassment. These comments do not cover every lived experience among
TGNCNB New Yorkers but are a snapshot of what respondents shared with the Department.
A Note About Gender Identity in the Qualitative Data
As discussed earlier in this report, gender includes many identities beyond man and woman.
The Department’s public comment form included an open field for gender to allow people to
identify however they wished. There were 114 different gender identities entered. Each person’s
gender is listed next to their comment as they entered it. This includes people who identify as
male and female without any trans signifier but are of trans experience.
DISCRIMINATION
Discrimination in the workplace is felt widely by the TGNCNB population. “Employment
discrimination and workforce exclusion narrow pathways to economic security…contributing to
elevated rates of poverty, unemployment, use of public benefits and housing instability.”
55
In
2015, the USTS asked several questions regarding employment experiences. In New York
State, 15% of respondents reported losing a job at some point in their lifetime due to their
gender identity or expression, and 26% reported being fired, denied a promotion, or denied a
job they applied for within the last year because of their gender identity or expression. In
addition to difficulty finding and keeping a job due to discrimination, respondents faced
significant mistreatment in the workplace, making it difficult for TGNCNB individuals to come to
work. 24% reported abuse due to gender identity, including being forced to use a restroom that
did not match their identity, being told to present as a gender different from their gender identity
to keep their job, or having their transgender status disclosed by a boss or coworker without
their permission.
56
Qualitative data collected for this report in 2023 indicates that in the eight years since the USTS
was conducted, employment discrimination remains a common experience for TGNCNB New
Yorkers. Detailed below are the varied and nuanced ways bias manifests for TGNCNB
54
Please note, that all individuals quoted consented to having their comments shared. The race and gender identity
included with each quote were self-identified by the individual. In instances where an individual identified as simply
male or female, it was clear from their comments that they were of trans experience.
55
Medina and Mahowald, “Discrimination and Barriers to Well-Being.”
56
National Center for Transgender Equality, “USTS NYS Report.”
Research Findings
34
individuals, as conveyed to the Department through public comments, group discussions, and
interviews.
PROMOTIONS, TERMINATIONS, AND STAGNANT WAGES
The most recognizable instances of alleged employment discrimination are those that involve
being fired, denied a promotion or a raise, or denied a job due to an individual’s TGNCNB
identity. Formal legal protections specifically for the TGNCNB population against discrimination
in the workplace have only been added to New York State law in recent years; as a result, while
this behavior is prohibited, years of normalized discrimination may have contributed to a culture
that is permissive of such misbehavior.
57
It can be difficult to prove discrimination based on
gender identity and expression, leaving TGNCNB individuals with little recourse when
experiencing bad employment outcomes due to their gender identity. Examples of public
comments and focus group and IDI remarks alleging discrimination in the workplace include the
following:
“I was denied a promotion by a manager who regularly misgendered me, that was instead offered to a
cisgender peer with substantially less experience. I was asked to train the person who was promoted. When I
asked for an explanation, the reasoning had nothing to do with my productivity or effectiveness at work - my
manager claimed I "wasn't managerial" and didn't explain what that meant or how to improve.”
– Public Comment submitted to NYS DOL from Nonbinary Individual, White, Capital Region
“I transitioned on the job I have now. I am treated completely differently now. I am denied promotions. Work
has been taken away from me. I am not given new opportunities. I am not invited to be on workplace teams. I
have been sexually harassed, and my boss and HR departments ignored the issue. This is completely
different than how I was treated before I transitioned in this job.”
– Public Comment submitted to NYS DOL from Transgender Female, White, Southern Tier
“I have been outed and was let go from my job. When I tried to find new employment the previous employer
lied about why I was let go and made it extremely difficult to find another job. I have had to tolerate queer-
phobic work environments and hostile comments from bosses and employees.”
– Public Comment submitted to NYS DOL from Trans Male, White & Hispanic/Latino, Hudson Valley
57
Human Rights Foundation, “Dismantling a Culture of Violence: Understanding Violence Against Transgender and
Non-Binary People and Ending the Crisis,” HRC Digital Reports, October 2021, https://reports.hrc.org/dismantling-a-
culture-of-violence?_ga=2.246870912.541212263.1695849940-1420953436.1677863823. Human Rights
Foundation.
Research Findings
35
“When my last job found out I was transgender, my hours were cut and I was eventually laid off”
– Public Comment submitted to NYS DOL from Transgender Male, Black/African American & Hispanic/Latino, Long
Island
“After I went on leave for my [gender affirming] surgery, they did not schedule me for any additional shifts
and removed my access from all employee communications and chats, basically firing me without ever
contacting me directly. I was never informed that I was let go.”
– Public Comment submitted to NYS DOL from Gender queer and non-binary individual, White & Black/African
American, Hudson Valley
“We are misgendered, passed up for promotions, our pay is less than coworkers who do the same job, but
[we] work 3x harder than them.”
– Urban Dweller Focus Group conducted on behalf of NYS DOL, Transgender Female, White
HARASSMENT
In addition to experiencing alleged discrimination through the denial of employment or
advancement opportunities, TGNCNB individuals reported extensively on harassment they
experienced based on their TGNCNB identity. This reported harassment included acts of
violence, sexual harassment, invasive questions, jokes, inappropriate touching and other
actions that created hostile work environments. While experiencing this harassment, many
TGNCNB individuals felt that their employer or human resources division did not adequately
address their claims. Those working public-facing jobs in the service industry, or any job that
involves interacting with individuals outside the workplace as clients or students, also described
facing harassment from the public and a lack of support from their workplaces when this
harassment occurred. Examples of public comments and remarks from focus groups and IDIs
alleging harassment in the workplace include the following:
“I work in a rural area. The students make it my issue. I have a student who refuses to interact with me and
refuses to answer me in any way, shape, or form…I have to be on my best behavior, and if I'm not at least
trying to reach out to these students then there are negative consequences for them down the road. So I
have to be the best that I can and put on a happy face.”
– Rural Resident Focus Group conducted on behalf of NYS DOL, Transgender Female, White
Research Findings
36
“In one college in which I taught, I was pushed downstairs, laughed at when I fell and sexually harassed and
assaulted. The head of security said it was my fault because of my ‘presentation’.”
- Public Comment submitted to NYS DOL from Transgender Female, White, New York City
“At my last job, my boss pressured me into coming out to him in a one-on-one conversation. Days later, [he]
proceeded to start outing me to other people in the office... During that one-one-one conversation, he said I
"don't look trans" and asked if my boyfriend is bisexual. It was deeply uncomfortable. He was the executive
director, so I was too afraid to come forward and complain.”
– Public Comment submitted to NYS DOL from Transmasculine Individual, White, Capital Region
“My coworkers are frequently inappropriate, either asking questions about my sex life, identity, planned
surgeries etc. Often they feel the need to comment on how much I do or do not pass. I have several
coworkers who constantly misgender me despite that they have never known me as my AGAB. My
supervisor stands up for me but often makes micro-aggressive comments, calling me pet names ("honey")
like she does my female coworkers but not my male coworkers.”
– Public Comment submitted to NYS DOL from Male (trans), White, Finger Lakes
“I have to avoid public facing jobs, not just because of the employers but the people you may encounter
when you are doing that job.”
– Immigrant Focus Group conducted on behalf of NYS DOL, Transgender Female, Middle Eastern/North African
MICROAGGRESSIONS
Microaggressions and other forms of hostility and discrimination are persistent in the
employment experiences of TGNCNB New Yorkers. These can be conscious or unconscious
acts that leave a TGNCNB employee feeling less supported, isolated, ostracized, or unequal.
Misgendering an individual or refusing to use a TGNCNB person’s name and pronouns is a
common way this form of discrimination manifests. There are also instances in which an
employer refuses to alter a TGNCNB person’s nametag or dress code despite having no legal
reason not to. Failing to protect an employee’s gender identity by outing them to coworkers or
clients is also a frequent form of discrimination. Examples of public comments and focus group
and IDI remarks alleging microaggressions and discrimination include the following:
Research Findings
37
“I have repeatedly had my legal name, which is different than the name I go by at work, shared on company-
wide emails and newsletters, including when I am being recognized for achievement.”
– Public Comment submitted to NYS DOL from Nonbinary/Genderqueer Individual, White & Ashkenazi Jew, Capital
Region
“At my most recent previous job, management refused to update my name in the time clock system even
when presented with the signed court order stating my name change, in flagrant disobedience of New York
State laws regarding legal name changes.”
– Public Comment submitted to NYS DOL from Trans Male, White, Hudson Valley
“Our HR Manager…regularly misgenders me, and tends to do it as a way to throw me while I'm advocating
for my coworkers. I also feel a psychic weight because she's one of the few people at the company who
knows my deadname, and she doesn't seem to understand why keeping my deadname private is important to
me.”
- Public Comment submitted to NYS DOL from Non-binary Individual, White & Middle Eastern/North African, New
York City
“I get misgendered and called bro, and laughed and asked "what's wrong with me calling you bro" they find
any other way especially around here in little valley to discriminate and not get in trouble.”
- Public Comment submitted to NYS DOL from Fae Transfemme Individual, White & Romani, Western New York
“I was fired from a temp position after two weeks because my boss instituted a "no nicknames" policy and
insisted everyone use "the name on their birth certificate." I stayed at that job as long as i could because I'd
already been unemployed for months.”
- Public Comment submitted to NYS DOL from Trans Man, Non Binary, White, Capital Region
“At one job, I was told by an older supervisor (I was in my late twenties and my supervisor was in her fifties)
that I was ageist toward her because I expected her at 50 something to understand pronouns.”
- Public Comment submitted to NYS DOL from Gender Fluid Individual (They/Them), White, Capital Region
Research Findings
38
“I came out to the chairman of the company. The first thing he said was ‘Do you suck d***?’ but could I say
something? ‘No!’ What could I say? And how could I prove it? And then the same person, a few years later,
we were going to a meeting, and he said, ‘You have to call them and tell them you look different, why you
look different, and what you're doing.’”
– Rural Resident Focus Group conducted on behalf of NYS DOL, Transgender Female, White
“The Dave Chappelle special [where he makes anti-trans remarks] was brought up in a jovial way in staff
meetings multiple times. I brought up that it feels violent and [a coworker passed] over me to talk to
everyone else about how they felt about it. When I raised this concern, I was told I was being sensitive.”
– Urban Dweller Focus Group conducted on behalf of NYS DOL, Transgender Male, Black
PUBLIC AND CLIENT DISCRIMINATION
Individuals expressed that they found that certain fields and industries are more affirming than
others. Workers employed by small businesses, in public facing positions working on behalf of
clients, and in traditional “blue collar” physical labor-focused positions found that their industries
struggle to provide safe workplaces for TGNCNB New Yorkers. Many TGNCNB individuals seek
employment with LGBTQ+-serving organizations or leadership in the hopes of finding affirming
experiences. Despite this, the TGNCNB community expressed experiences of discrimination
within the larger gay community from LGBQ+ leadership and LGBTQ+ serving organizations.
Examples of public comments alleging discrimination in the workplace include the following:
“Previous manager was a gay man and he did offer us to be more open (with pronouns on our pins and pride
flags on our pins). But because he was older and set in his ways, getting him to understand being
transgender or GNC was difficult to say the least. He seemed to prefer heterosexual-passing people.”
- Public Comment submitted to NYS DOL from Demigirl/NonBinary, Hispanic/Latinx, Long Island
“I was trying to be in the business world. When they saw that I was gay or trans, I wasn't called back for the
job. I had to get the McDonalds and White Castle jobs. The people there were diverse. It was more laid back
because they weren't high school or college graduates. They weren't that educated, so it was easy to mix
with them.”
– People of Color Focus Group conducted on behalf of NYS DOL, Transgender Female, Black
Research Findings
39
“I have noticed that in a small-business restaurant environment, the amount of coworkers who are blatantly
unfriendly or disrespectful towards me increases. In a workplace with more corporate structure, I have found
that issues can be handled more easily through an HR department... I often feel that I must work significantly
harder than cis employees to be recognized for my efforts. [S]upervisors have been ignorant to the fact that
it's rude to have my legal name posted on the wall, and I have had to address it every time I got a new job.”
– Public Comment submitted to NYS DOL from Transgender Woman, White, Finger Lakes
“I feel that sometimes, when you get these jobs, even in the LGBTQ community, there's always some kind of
bias. Even in our own community, people feel that trans is not right. We have people who are gay and they
just don't see trans people. Even the respect with the pronouns when you get a new job, even in these
organizations. There isn't enough education, and people don't want to learn. They think it's something made
up.”
– Urban Dweller Focus Group conducted on behalf of NYS DOL, Transgender Female, Black
ANTI-TRANS RHETORIC IN THE WORKPLACE
Several individuals spoke about how they feel unsafe in the workplace due to frequent anti-trans
“water cooler” discussions or the prevalence of anti-trans views being projected by leadership
directly or indirectly. This anti-trans rhetoric and hate speech manifested itself through “locker
room talk,” keeping news stations that espouse anti-trans views on in the workplace, and having
coworkers voice anti-trans sentiment to a TGNCNB co-worker who was not out at work. The
national anti-trans discourse is creating an increasing feeling of insecurity among TGNCNB
workers as well. Examples of public comments alleging anti-trans rhetoric in the workplace
include the following:
“At my last job, as a janitor, I was treated like a cis woman. As far as I know, nobody knew I was trans. But it
was a constant source of stress…Once I overheard one of the office workers using hateful anti-trans
language and that was chilling.”
- Public Comment submitted to NYS DOL from Transgender Woman, White & Hispanic, Capital Region
“Derogatory jokes and comments are usually said in whispers and unfortunately shared with me because
people don't realize how I identify. I feel I put myself at risk by telling these people that they're being stupid,
but I also know that there are other transgender people in my company and hiding just like me that needs
someone to speak up for them”
– Public Comment submitted to NYS DOL from Non-Binary Individual, White, New York City
Research Findings
40
“At my workplace however, our common area TVs regularly show news promoting anti-trans rhetoric, so it
has made me hesitant to discuss the subject or share my discomfort with site leadership”
– Public Comment submitted to NYS DOL from Nonbinary Individual, Hispanic/Latinx, Finger Lakes
“At my previous job my colleagues would often make bathroom jokes, call transgender clients "it", and laugh
and disrupt mandatory training regarding LGBTQ+ topics. The job involved helping children, some of whom
were transgender, and those transgender children were always misgendered by colleagues and admin.”
- Public Comment submitted to NYS DOL from Non-binary trans masculine individual, White, Capital Region
ADDITIONAL BARRIERS FOR TGNCNB PEOPLE OF COLOR
The Department’s online public comment form asked generally about employment experiences
both while applying for a job and while in the workplace. A few comments offered insight into the
deeper challenges facing TGNCNB individuals of color. Those that described racial
discrimination in addition to TGNCNB discrimination noted that an atmosphere of both racist
and transphobic sentiments prevented them from speaking up regarding discrimination they
endured. They also expressed their feeling that the similar roles of racism and gender
discrimination in maintaining traditional power structures make it less likely to expect action to
prevent discrimination from occurring. Examples of public comments identifying additional
barriers in the workplace include the following:
“Going to HR is no comfort, since several members have not only been transphobic but also indulging in
openly racist jokes. There's also been several anti-semitic comments made over the years.”
- Public Comment submitted to NYS DOL from Non-Binary Individual, White, New York City
“Some coworkers especially in management see me as a threat to their positions, and [I am] vocal about
what is not okay in the environment, [I’m] willing to have hard conversations, speak up [about] being used
instead of value[d]. I call out tokenism, antiblackness', and hierarchies that are harming the workers. I also
know that the privileges I have can help open the doors for others like myself. I am not cis passing so that
can be challenging to navigate misgendering and people in my work environment not knowing how to
approach me.”
- Public Comment submitted to NYS DOL from Trans Woman, Black/African American & Hispanic/Latina, New York
City
The impact of race on gender-based discrimination was a topic the Department sought to cover
more deeply in focus groups and in-depth interviews. Research consistently finds that trans
Research Findings
41
women of color experience more significant instances of discrimination, lower employment
levels and higher poverty levels compared to white TGNCNB individuals nationwide. A 2021
McKinsey Quarterly report found income differences among TGNCNB individuals to be
“exacerbated at the crossroads of intersectionality” across the country.
58
A 2018 New York City-
based survey by the Anti-Violence Project on TGNCNB experiences of systemic employment
discrimination found that TGNCNB people of color with a bachelor’s degree experience
significantly lower incomes than white TGNCNB individuals with the same degree.
59
The Biden
Administration stated in 2021 that anti-transgender violence disproportionately harms and kills
transgender women and girls of color.
60
A 2021 Nationwide Report by the Human Rights
Council found that while all TGNCNB people face “devastating levels of discrimination and
harassment in the workplace” there are even higher barriers for “Black transgender people, who
have double the unemployment rate of all transgender people, and four times that of the US
general population.”
61
Because of this information, and because the law mandating this report called for a deeper
analysis of the impact of race and ethnicity on barriers to employment for TGNCNB people, the
Department hosted, through a consultant, focus groups dedicated to the experiences of
TGNCNB people of color and TGNCNB immigrants. All focus groups, except for the one made
up of rural residents, had a majority of participants who identified as people of color. Racial
discrimination is an important factor in the lives of the TGNCNB participants from these focus
groups, impacting their education, employment, income, and overall wellness.
TGNCNB participants of color in the Department’s focus groups spoke about leaving home at a
young age, not finishing school, and experiencing poverty, all of which has an impact on future
employment. For some, racial discrimination is more pronounced than discrimination based on
their TGNCNB identity because they are perceived by others as cisgender or work in an
industry that is accepting of gender diversity, but not racial diversity. Others spoke of a fear of
being tokenized as a diversity hire because as a TGNCNB person of color they “check a lot of
boxes.” Examples of public comments and focus group remarks identifying additional barriers in
the workplace include the following:
58
David Baboolall et al., “Being Transgender at Work,” McKinsey Quarterly, November 2021,
https://www.mckinsey.com/featured-insights/diversity-and-inclusion/being-transgender-at-work. Baboolall et al.
59
Audacia Ray, Lolan Sevilla, and Teal Inzunza, “Individual Struggles Widespread Justice: Trans and Gender
Nonconforming Peoples’ Experiences of Systemic Employment Discrimination in New York City” (Anti-Violence
Project, December 2018), https://avp.org/employment-discrimination/. Ray, Sevilla, and Inzunza.
60
The White House, “Memorializing Transgender Day of Remembrance: A Report from the Interagency Working
Group on Safety, Opportunity, and Inclusion for Transgender and Gender Diverse Individuals,” Government (Biden-
Harris Administration, November 2021), https://www.whitehouse.gov/wp-
content/uploads/2021/11/Report_Memorializing-Transgender-Day-of-Remembrance_FINAL-002.pdf. The White
House.
61
Human Rights Foundation, “Dismantling a Culture of Violence.” Human Rights Foundation.
Research Findings
42
“When I started to transition, my family threw me out of the house...I’m always only accepted for internship
positions.”
– People of Color Focus Group conducted on behalf of NYS DOL, Two-Spirit Individual, American Indian/Alaskan
Native
“When I started working [as a room cleaner] as a Black trans woman, it was an issue of respect for me. [They
treated me as] someone who could do the job, but someone they had to ‘watch’ like I was trying to have a
guy in the bathroom or something. [There was a] lack of respect. [I was] never taken seriously. They knew I
could do the job. Could I tone it down? Why do I have to stop being who I am to go full-time? To me, it is
always being looked at as being viable without having to compromise themselves. If they can do their jobs
by being their authentic selves, why the f*** can’t I?”
– Older Adults Focus Group conducted on behalf of NYS DOL, Transgender Female, Black
For TGNCNB immigrants, the challenges of seeking both immigration documentation as well as
documentation that reflects their gender identity can be overwhelming and makes it extremely
difficult to receive work authorization. One focus group and interview participant is seeking
asylum due to her gender identity. She spoke at length about the challenges she has
experienced, only just receiving work authorization after 20+ months, and not having access to
her original identity documents, having fled her country of origin. For her, any attempt to update
her legal documentation with her gender identity feels out of reach. She reported:
“I’m an asylum seeker and I'd like to be able to have access [to jobs], so that I don’t have to do stuff like sex
work, which I’ve had to do, or other things I've exchanged….Our requirements are not met overnight, and it's
always a struggle.”
– Immigrant Focus Group Conducted on behalf of NYS DOL, Transgender Female, Asian
COMPOUNDING BARRIERS
Much like other people searching for employment, TGNCNB New Yorkers through both the
focus groups and public comments described other barriers that make it harder to get employed
before they even walk into a job interview. According to the UCLA Williams Institute, 30% of
TGNCNB people live in poverty, as compared to 21.6% of cis LGBQ people, and 15.7% of cis
straight people.
62
They obtain less education, with 23% never having finished high school,
compared to 12.1% of cis straight women. The 2015 USTS report found that 27% of TGNCNB
New Yorkers have experienced homelessness at some point in their lives, and 21% stated they
62
Bianca D.M. Wilson et al., “LGBT Poverty in the United States,” Williams Institute, accessed April 1, 2023,
https://williamsinstitute.law.ucla.edu/publications/lgbt-poverty-us/.
Research Findings
43
experienced housing discrimination in the past year.
63
These barriers only further demonstrate
the compounded hardships the trans community faces when attempting to enter the workforce.
“I'm currently unemployed, so I am stretching out what little money I have left, and I have to make difficult
decisions about my basic needs -- what I can and can't afford. I am constantly stressed out about how much
money I have and whether I'll be able to pay rent. My car broke down because I can't afford to do basic
maintenance on it, and now I have an $800 bill I can't pay. It's impacting my ability to get anything done, and
the fact that I don't have my basic needs covered is really serious. I would like to know that I have these
things covered while I am applying for jobs and doing my best.”
– Rural Resident In-depth Interview conducted on behalf of NYS DOL, Transgender Female, White
Health insurance and healthcare access is an issue for everyone, but TGNCNB individuals face
additional barriers to getting good and appropriate care. According to the 2015 USTS, trans
people are less likely to have health insurance than the general public, and 26% of respondents
in NYS reported experiencing a health insurance-related problem in the past year due to being
trans; either for gender-affirming care or simply getting any medical care while being trans.
64
,
65
Respondents indicated that finding medical care from a healthcare provider who is trans-
affirming is a struggle, particularly in more rural parts of the state. For example:
“Dental, vision, hearing, medical – anything with the chest, just like any other person. Heart conditions,
prosthetics, medications – those things are important. It's the little things that get you. For us, trans surgery
is [mandatory]. Medications are really important. Transportation to the doctors – definitely [if someone has to
travel for surgery].”
– Person of Color In-depth Interview conducted on behalf of NYS DOL, Transgender Female, Black
“I can't be sure of what coverage I will get upfront for gender affirming healthcare or maybe in some cases
even the baseline of hormone therapy. I've had pre-authorization for procedures denied even when the plan
specifically offers the care because of these [federal health insurance regulations] being weaker [than New
York State’s]. As long as healthcare is tied to employers this will also be an employment issue.”
- Public Comment submitted to NYS DOL from Non-Binary Woman, White, Finger Lakes
Focus group participants and public respondents also described experiencing other types of
discrimination not related to their gender identity. Much like the general population, ageism,
sexism, and ableism are all factors in the world of work for the TGNCNB community. For
example:
63
National Center for Transgender Equality, “USTS NYS Report.” National Center for Transgender Equality.
64
US Trans Survey 2015: Full Report. US Center for Trans Equality.
https://transequality.org/sites/default/files/docs/usts/USTS-Full-Report-Dec17.pdf
65
National Center for Transgender Equality, “USTS NYS Report.” National Center for Transgender Equality.
Research Findings
44
“The only negative interactions I've had have been typical sexism that's directed at women. For example,
men talking over me, interrupting me, wanting an older man to do the work and not trusting a younger AFAB
person, men taking my ideas and presenting them as their own, etc. It frustrates me”
- Public Comment submitted to NYS DOL from Non-binary Individual, White, Southern Tier
“[Employer] fired me after almost a year, a month shy actually, claiming I didn't work fast enough. I was
constantly given impossible tasks, and being autistic I asked for accommodations, I was refused outright
and fired a month later.”
- Public Comment submitted to NYS DOL from Fae Transfemme Individual, White and Romani, Western New York
“The DOE and the DOL need to work together, because if we're talking about older trans folks, maybe it
would help them get out of the vicious cycles they're in. Older folks are worried about ageism and
appearance, and not being able to navigate as well as the younger generation can. There has to be another
way.”
– Older Adult In-depth Interview conducted on behalf of NYS DOL, Male, White
LACK OF CULTURAL COMPETENCY AROUND GENDER IDENTITY AND
EXPRESSION
The interactions many TGNCNB New Yorkers described with work colleagues, supervisors, and
members of the public demonstrate a general lack of understanding and education among many
New Yorkers regarding gender identity and expression. This lack of knowledge can come from a
place of willful ignorance or prejudice, but there are also individuals that struggle because they
do not have the experience or cultural competency necessary to respectfully engage with
TGNCNB individuals. This lack of understanding leads many TGNCNB individuals to change
who they are at work for the comfort of others. It also contributes to a limitation on the impact of
New York State’s anti-discrimination legislation. The Department found that in addition to
members outside the TGNCNB community lacking knowledge around GENDA, many TGNCNB
individuals are not aware of their rights under GENDA and do not use it to file complaints
against acts of discrimination. Similarly, this lack of knowledge may extend at times to human
resources staff and other individuals in the workplace assigned with protecting workers from
discrimination. As a result, those responsible for affirming and defending the rights of TGNCNB
employees in the workplace can fail to adequately protect TGNCNB workers from
discrimination. For example:
Research Findings
45
“I have seen coworkers get frustrated when reminded of someone's pronouns. For some reason, some folks
don't understand and don't want to understand "they/them" pronouns. It feels like older coworkers (even the
nicest, most progressive folks) are fine with people being who they are and treating everyone kindly. But
they draw the line at remembering to use that pronoun or thinking it's a big deal.”
– Public Comment submitted to NYS DOL from Trans “man,” FTM, Trans-masc, etc., White, Southern Tier
“As of 2019, New York State has decent laws protecting Trans People, but I've found that many employers
don't even know these laws exist, especially in rural parts of the state...I believe that New York State should
implement a policy that requires mandatory training on gender identity and GENDA to employers and
employees throughout the state, so that both employers and trans people know their rights. Similar to how
sexual harassment trainings are mandatory and posted in the workplace.”
- Public Comment submitted to NYS DOL from Nonbinary Trans Person, White, Capital Region
“Many people didn't want to be affirming, but far more just truly didn't know how. As much as training is
important, so is baking inclusivity into everyday practices.”
– Public Comment submitted to NYS DOL from Trans Female, White, New York City
“Muy mal trato, en esta ciudad no hay educación de género y si la hay no llega a un gran público.”
Translation: Very bad treatment, there is no gender education in this city and if there is, it does not reach a
large audience.”
- Public Comment submitted to NYS DOL from Mujer Trans, Hispanic/Latina, New York City
This lack of knowledge has led many TGNCNB individuals to take on the role of educator in
their workplaces. This can be exhausting, providing additional work for a TGNCNB individual
with no additional compensation. Reliving past instances of discrimination to educate coworkers
can also be retraumatizing. This can lead TGNCNB individuals to feel as though their identity is
tokenized and exploited. For example:
“You are deemed as a teacher on the trans stuff and don’t get reimbursed. I often feel pigeonholed because
my role is tied to my identity, but it doesn’t lead to increased responsibility in terms of salary, promotion, title
change, etc. -- the tokenizing. The person in the same role will get a promotion because they are not trans.”
– Urban Dweller Focus Group conducted on behalf of NYS DOL, Transgender male, Black
Research Findings
46
“I am the only TGNC person who works at my job in my department so sometimes I feel a bit tokenized / or
like I have to do the labor to teach people and it isn't my job to.”
– Public Comment submitted to NYS DOL from Non-binary, Transgender Individual, White, New York City
“I often feel tokenized being the only individual who is trans at my place of work yet become easily
dismissed since I am a transman...It's been a double edge sword being visible at work, at times the
representation breathes life into those in the community who are struggling to find themselves and their
voice and then there's the exhaustion of being seen as a spokesperson for the experiences of an entire
community.”
- Public Comment submitted to NYS DOL from Trans Man, Black/African American and American Indian/Native
Alaskan, Capital Region
“I feel like I had to lift the weight implementing gender-inclusive training for staff when my administrators
should've been more proactive.”
- Public Comment submitted to NYS DOL from Trans Man, White, New York City
Among the Department’s focus group participants, there was unanimous agreement that there
should be TGNCNB-specific education in the workplace that goes beyond anti-discrimination
and seeks to debunk myths and stereotypes about TGNCNB individuals. Participants in the
Department’s focus groups spoke at length on their desires to see better anti-discrimination
education in the workplace as well as a comprehensive training on gender identity and
expression. Participants felt that until individuals have the words and are comfortable with
people of different gender identities, achieving real societal shifts in acceptance for TGNCNB
individuals will be difficult. For example:
“At my current job, management tries to be supportive of non-binary associates, but [they] bring too much of
a spotlight to them (making sure everyone is actively aware they are non-binary). It's well intentioned but still
feels like being othered and can put people in a potentially dangerous situation.”
– Public Comment submitted to NYS DOL from Non-binary, Fluid Individual, White & Asian American/Pacific
Islander, Finger Lakes
Research Findings
47
“I believe people need to be educated more about trans people. Number one would be treating us with
respect. Number two would be conduct. There are times when I go into a store and people look at me a
certain way or talk about me in other languages, and it does happen in workplaces. The law should be
enforceable for that. Some people just feel like they're above you. If the law is enforced, it would be better.”
– Immigrant In-depth Interview conducted on behalf of NYS DOL, Transgender Female, Asian
“Pronouns. I think they need more education on the lifestyle, period...We do not know unless you ask, and
sometimes you don't want to make that person feel uncomfortable, or you don't know how to address stuff.”
– Urban Dweller In-depth Interview conducted on behalf of NYS DOL, Transgender Female, Black
Education is an important first step, but some TGNCNB individuals expressed skepticism that
education alone would ensure equitable and affirming workplaces. Many spoke of the need for
companies to also adopt inclusive practices. Some participants voiced concerns that education
can be insincere. Despite mandated training, individuals have witnessed a lack of compliance or
commitment to the directions of the training. For example:
“All the diversity trainings in the world won’t help when the people that need them the most don’t care and
laugh about it afterwards.”
– Public Comment submitted to NYS DOL from Agender Transfeminine Individual, White, Southern Tier
“In the entire history of my being out in the workplace, I have had exactly two people consistently use my
correct pronouns, despite having them on my zoom handle, in the signature of my email, on clothing pins,
and having LGBTQ+ signage and a non-binary info sheet up in my office...I have also spoken to these same
exact people about the LGBTQ+ diversity training mandated by the state, and they have told me that they
"don't need it" because they "already understand it.””
- Public Comment submitted to NYS DOL from Genderfluid Individual, White, Capital Region
DISPARATE EDUCATION AND TRAINING OUTCOMES FOR TGNCNB
INDIVIDUALS
TGNCNB New Yorkers who wrote in through the Department’s public comment form, as well as
those included in the Department’s focus groups spoke of how members of their community
experience less formal education, typically due to discrimination in school settings during their
youth. At the same time, several TGNCNB individuals with advanced degrees spoke of how it is
difficult to obtain jobs in their chosen fields, often settling for employment in easier to access
industries that require fewer credentials. In this way, some TGNCNB New Yorkers included in
this report experience employment challenges related to both under-education and over-
education.
Research Findings
48
For some TGNCNB individuals, under-education steps from experiencing discrimination in
school settings. As per the feedback received from Department focus groups, several
individuals were unable to complete their education beyond high school due to this reason.
Nationwide, TGNCNB youth are pushed out of schools due to various types of victimization
ranging from bullying to disciplinary policies.
66
Moreover, some TGNCNB young people are
forced to leave their homes because of their families' lack of acceptance towards their gender
identities, which further adds to the difficulty in completing their education.
67
For example:
“I always have a bad experience. I am just a high school graduate. I got pushed out of my house when I was
completing high school. I ended up doing sex work. I always have to make up a lie for the gap... For people
who don’t have the access to get to school [a salaried position is hard to get]. In high school, [I] would be
called a ‘f****,’ and I would beat their a**. I would defend myself and get in trouble. I did an alternative
program.”
– People of Color Focus Group conducted on behalf of NYS DOL, Two-Spirit Individual, American Indian/Alaskan
Native
“Due to bullying and unfair treatment in school growing up I was unable to graduate and go to college. While
I was able to get a GED and an Associate's Degree I have not had the time or financial stability to get any
other degrees. Partially due to this I have limited employment options as too many jobs that would provide
me with a comfortable income require higher degrees.”
– Public Comment submitted to NYS DOL from Transmasculine individual, White, Capital Region
For many members of the TGNCNB community, higher education is unaffordable and
inaccessible due to their already low incomes and job insecurity. Without advanced degrees,
these individuals are restricted from pursuing employment in many higher-paying industries or
positions with higher salaries. As a result, many resort to low-wage jobs to survive, or enter the
informal economy, which can make it challenging to transition to other opportunities. For
example:
“I always start by looking for trainee jobs where the expectations are low to start.”
– People of Color Focus Group conducted on behalf of NYS DOL, Transgender Female, Black
66
Bowen, “Work It, NYC: A Comprehensive Guide to LGBTQI+ Workplace Inclusivity.” Bowen.
67
Human Rights Foundation, “Dismantling a Culture of Violence.”
Research Findings
49
“[I’d like to have] scholarships and grants more readily available. Historically, we’ve been pushed into non-
conventional work. It is through education and financial support [that we can begin to rise].”
– Urban Dwellers Focus Group conducted on behalf of NYS DOL, Transgender Male, Black
“It’s financially draining especially living in NYC. I am fortunate enough to work for an employer who offers
education reimbursement. Once you get the education, a lot of people don't want to open the doors to give
you the opportunity.”
– Urban Dwellers Focus Group conducted on behalf of NYS DOL, Transgender Female, Hispanic
On the other hand, TGNCNB individuals who have advanced degrees spoke of how they often
struggle to secure employment in their desired fields. Those who choose to transition while on
the job have reported being terminated and finding it difficult to secure subsequent employment
in the same field. Highly educated individuals may have to settle for entry-level positions, for
which they are over-educated and over-qualified, just to get their foot in the door. Some spoke
of being forced to seek employment in industries with lower barriers to entry, such as retail and
service jobs, due to financial necessity. Even with an advanced education, some TGNCNB
individuals discussed their decision to leave their chosen profession due to discrimination,
leading to unemployment or seeking employment in different industries. For example:
“I've applied to over 100 places from January-June. I have a masters degree, but took on a deli clerk position
because I needed a job. I put my pronouns on my resume to avoid working for a place that won’t accept me.”
- Public Comment submitted to NYS DOL from Non-Binary Individual, White, Long Island
“[E]mployers are “tipped off” by demanding “legal name” instead of just name. I have been several levels
above education and experience required for a position and yet not even contacted for an interview.”
– Public Comment submitted to NYS DOL from Female, White, Long Island
“When l transitioned l was in my late 40s. Within a few years, after working 30 years for the company. I was
let go. Afterwards l couldn’t get a job in my field even at a lower grade job”
– Public Comment submitted to NYS DOL from Transfemale, White, Capital Region
Research Findings
50
“I have been a certified educator since 2008 and recently gave up my hopes of ever finding a job. Nowadays,
I work for a non-profit at the lowest salary point without the slightest probability of advancement…Those
who have anything made those gains before transitioning and now watch them eaten away daily due to lower
paying jobs, less advancement, or no opportunity at all.”
- Public Comment submitted to NYS DOL from Transgender Woman, White, Capital Region
Several individuals spoke of seeking employment with non-profit organizations that serve the
LGBTQ+ community. However, they found that the skills they acquire in these roles are not
easily transferable and there are limited opportunities for career growth and increased pay. As a
result, TGNCNB individuals may experience career and wage stagnation. For example:
“[I would like to learn] more skills on being a peer. I feel like I won't be able to survive in a regular job if I'm
not working with the LGBTQ community. We might want to work outside the community, but sometimes that
doubt is in our heads and we don't feel like we'll be able to survive it because of the barriers, the things that
we have to go through every day that other people don't.”
– Urban Dweller In-depth Interview conducted on behalf of NYS DOL, Transgender Female, Black
“There should be a quota, an expectation for TGNCNB people NOT to be in the same position for over 5
years. We still aren’t seen as valuable.”
– Urban Dweller Focus Group conducted on behalf of NYS DOL, Transgender Man, Black
APPLYING FOR JOBS
“When I graduated law school I interviewed at the biggest legal services organization in NYC. In my interview
I was dressed very professionally in a suit and was asked to do a "mock bail argument," which was very
standard for public defender interviews. After I performed the bail argument, one of the interviewers asked
me "how do you think your clients or jurors are going to react to your gender presentation? Don't you think it
will inhibit your ability to succeed in this position and advocate for clients effectively?" This was an attorney
who asked me this question. It made me feel awful, ashamed, and as if I am doing my future clients a
disservice by expressing my gender in an authentic way. If attorneys don't know (or don't care) that they are
asking discriminatory questions in the hiring process, in violation of our Human Rights Law, I can't imagine
what non-attorney employers are doing to transgender candidates in the hiring process.”
- Public Comment submitted to NYS DOL from Gender non-conforming/Genderqueer Individual, Middle
Eastern/North African, NYC
Many TGNCNB individuals also report experiencing discrimination during the job application
process. Several TGNCNB individuals mentioned similar experiences including going on
numerous interviews with no follow-up calls, or a change in response rate based on the
presence of pronouns on a resume. These more subtle forms of potential discrimination may be
Research Findings
51
difficult to detect in brief interactions, but such rejection is a common occurrence for TGNCNB
individuals. For example:
“Before my name was changed legally, I was required to list both my birth name and preferred name (when
the option was offered) on job applications. This was in spring/summer of 2021…Although I have no proof
that it was due to having to state both names, out of the dozens of jobs I'd applied to, only one ever called
me for an interview. I was thankfully also hired there, and had no issues during the interview or onboarding
process. Still, I had never before in my life had such difficulty in simply getting an interview. I couldn't help
but think it might have something to do with me listing both my birth name and preferred name on the
applications.”
– Public Comment submitted to NYS DOL from Male, White, Western NY
“I have found success finding part time employment in the past where I feel safe expressing my gender, but
for any trade job where I put my pronouns (they/them) on my resume, I do not receive a call back even if I'm
qualified for the job.”
- Public Comment submitted to NYS DOL from Non-binary Individual, Hispanic/Latinx, New York City
“I wanted to make sure my identity was respected by putting my pronouns on my resume. I got no interviews
until I removed my pronouns on my resume. Interviewing I assume if somebody hires me that they don't have
an issue with my gender identity or possibly they don't know. I don't really want to have to explicitly state
that I'm transgender in the interview process. I don't know that after I'm hired that somebody else in the
company might take issue and make my life hard.”
- Public Comment submitted to NYS DOL from Non-Binary Woman, White, Finger Lakes
Job applications can be an obstacle for TGNCNB New Yorkers. Simply filling in the “name” field
can be difficult, especially when there is no option for an individual to mark their chosen name.
When only binary gender options are available, gender non-conforming and non-binary
individuals are left with limited choices that do not match their gender identity. For example:
“One of the hardest parts of applying to jobs is the question regarding previous names. Discrimination
based on gender identity might be illegal, but how can you prove that you've been discriminated against in
the case of just filling out the required information on a form?”
- Public Comment submitted to NYS DOL from Transgender Man, White, Western NY
Research Findings
52
“When I went to an audition they wouldn't let me into the room unless I picked a gender on their two choice
computer program, so I didn't go in because I didn't want to lie. The role was not gender specific so it really
shouldn't have mattered.”
- Public Comment submitted to NYS DOL from Non-Binary Individual, White, New York City
The process of applying to jobs while trans can lead people to apply using their sex assigned at
birth, out of safety and security. TGNCNB individuals can feel pressure to “contort their
appearance or behavior to fit gender norms, expending mental and psychological energy that
cisgender job applicants don’t.”
68
For example:
“I have never felt safe enough to apply to jobs as a trans man after all the negative experiences I've had in
the workplace in the past. I was sexually harassed in the one workplace where I was out of the closet and it's
traumatized me to the point where I apply for work as a woman.”
- Public Comment submitted to NYS DOL from Transmasculine Individual, White, Capital Region
“I do not have enough money to change my name, so while filling out job applications, I have to input what is
on my government ID card. I hate doing this, but I don't want to give them information that isn't on my legal
ID. And if I get an interview, I'm terrified to bring up the fact that I don't use my legal name, anymore. I'm just
having a hard time with looking for a job because of all this.”
– Public Comment submitted to NYS DOL from Transgender Female, White, Hudson Valley
Trans participants reported that job interviews can also be troubling experiences. The
prospective applicant may have a stellar phone screening or email exchange about their
credentials, but the conversation shifts when there is an in-person interview. Many spoke of
interviewers becoming visibly uncomfortable when they were brought in for a job interview.
Some individuals spoke of feeling a prospective employer was making an excuse for why they
were not able offer the job, because the employer’s decision-making process was influenced by
their gender expression. For example:
“I have found many times when going to interviews there is a sudden shift in mood when they are calling me
in the interviewer seems extremely nervous or they seem to have a drop in mood when they find out I am the
person they called into an interview, when I notice these things happening I have never gotten a call back
from said employers for a job.”
– Public Comment submitted to NYS DOL from Trans Woman, White, Capital Region
68
Baboolall et al., “Being Transgender.”
Research Findings
53
“I’ve become practiced in interview processes and have had some of the best interviews of my life, only to be
rejected not due to qualifications…Employers love my resume, love multiple phone interviews, and even
fast-track me after interviewing, only to blankly stare at me with their mouths agape once they see me in
person or over a teleconference. The rapport built up to this point disappears and based on body language
and behavior, I realize the interview is over before it even begins. I've been on benefits now for a decade-plus
and cannot find a job in my field, at lower levels, or in other fields.”
– Public Comment submitted to NYS DOL from Transgender Female, White, Capital Region
“After transitioning, between 2017 and 2019 while holding a position as a ______ Security Analyst, I applied
for a total of 13 jobs between two health care organizations in the area. I had 5 interviews but did not get any
of the positions, despite being qualified (and literally already doing the same job in some cases) and didn't
get any of them…The only time I didn't come out as trans in the interview, I was actually contacted and asked
to apply for another analyst job. I interviewed again, and this time came out as trans. Ultimately I was told I
didn't have the experience they thought I had regarding training from ______, which could have easily been
managed by sending me to training….I was also asked in this interview if I had any surgeries planned that
would take me out of work in the next year (as a direct response to coming out).”
- Public Comment submitted to NYS DOL from Trans Feminine Gender Fae Individual, White, Finger Lakes
This difficulty in finding employment can lead to some TGNCNB individuals to put off applying
for jobs until after seeking gender-affirming care or obtaining a legal name change. This may
allow them to avoid potential anti-trans bias or discrimination during the hiring process. This
issue also arose when discussing background checks, where deadnames might still come up on
court cases from years ago, even though the individual has obtained a legal name change. For
example:
“I was denied over 20 jobs due to legal name/gender on [driver’s license] not changed yet. It has been a
nightmare & haven't been able to work due to it. Biggest issue is legal name/applications. Applying online
with one legal name & one preferred name put me in position to be exposed right away & many companies
don't offer a "preferred" field on applications so I'm rejected I think due to looking like a computer error or
typo since name/new name so close. It's very confusing to employers & raises too many uncomfortable
questions every single time.”
- Public Comment submitted to NYS DOL from Transgender Individual, White, Mohawk Valley
“I changed my legal name and gender marker at 23 (I am now 30), so there are records from before I
transitioned. I have failed/flagged background checks for jobs in NY state because a different First and
Middle name comes up under my SSN. This has forced me to out myself as transgender to two different
employers.”
– Public Comment submitted to NYS DOL from Transgender Man, White, Southern Tier
Research Findings
54
PASSING AS CISGENDER OR BEING STEALTH
Some TGNCNB people talked about preferring to pass as cisgender or being stealth because it
can provide protection from potential transphobic bias, harassment, discrimination, and
violence. In this way, TGNCNB individuals can avoid potential microaggressions or
discrimination from colleagues by keeping their gender identity to themselves. According to a
recent McKinsey survey, 53% of TGNCNB people do not feel comfortable being fully out about
their identity. 50% said they are not open about their identity with coworkers, and 63% said they
are not open with clients and customers. Passing can also be important for personal safety,
especially if coworkers or customers express transphobic opinions in the workplace. For
example:
“Even with an [Equal Opportunity Clause], there are still so many harms. What’s overlooked is that we need
to mask…. [As someone who is] Trans masculine, I feel like I have to overperform. Like having to do all of the
heavy lifting and [have to do things like] bringing in the heavy water bottles [all by myself]. [It’s like they are
testing me by saying] ‘J—- you are a man, you can do this’. As a trans man, you want to be seen that way.
With the people pleasing I have to over perform. My job survival has to do with pleasing people skills.”
– Urban Dweller Focus Group conducted on behalf of NYS DOL, Trans Man, Black
Even if passing as cisgender may feel safer, it can still be a lonely way to exist in the workplace.
It comes at a cost to TGNCNB individuals who are not able to be their authentic selves at work.
Respondents mentioned the increased stress of passing and hearing transphobic comments
from other people at work. For example:
“I easily present as my gender and can fly under the radar, not even being suspected of being trans at all.
And for me, that's how I prefer it. This has allowed me to exist within spaces in which people feel comfortable
voicing controversial and offensive opinions in my presence that sometimes touch on topics such as gender
and sexuality. I have overheard numerous transphobic or homophobic comments from coworkers, in the
guise of blunt locker-room talk with the guys. While it affects me, it is never directed at me because no one
knows. But it definitely helps me to know who to stay away from and who I don't want to be friends with,
which sadly, is a large portion of them. This can cause an overwhelming feeling of aloneness and otherness
in the workplace. I tend to distance myself from them, in fear that I may accidentally befriend someone who,
if they knew I was trans, would not accept me. I have been overwhelmingly luckier than most in my
experiences. A combination of my preference to not be publicly out as trans, and my ability to physically
pass as my gender, has allowed me the ease and privilege of being treated like most other cis-hetero white
men.”
- Public Comment submitted to NYS DOL from Trans Man, White, Long Island
Research Findings
55
“Overall, the majority of the time no one questions my gender identity because I'm super masculine and have
been for forever. So, there's a ton of challenges that I don't have to face. What does suck is the invisibility
and the forced state of being in the closet that work environments has brought about. I'm just glad I'm finally
somewhere good. Being trans is beautiful and amazing and I wouldn't trade it for anything, however, being
trans at work is like work [multiplied x3]. I'll never catch up from the exhaustion and sleep lost.”
- Public Comment submitted to NYS DOL from FTM Male-Identified Individual, White, Capital Region
Even if people feel comfortable enough to disclose their gender identity, the fear of a possible
negative response when they disclose is still very real. For example:
“Because I have the privilege of passing, people think I am tricking them, or being dishonest. I have such
anxiety about telling people because it has always bit me in the a**. [Telling people I am trans has] never
worked out to be a positive experience for me. [People take it] like I’m lying, [like] I am tricking them.”
– People of Color Focus Group Conducted on behalf of NYS DOL, Male, Hispanic/Latino
GENERATIONAL DIFFERENCES
Participants engaged in this study acknowledged changes to cultural norms and laws around
being trans, and viewed such changes as being promising for the future. Amongst the
participants and public comments there was some optimism about younger generations today
and their understanding of TGNCNB identities.
“I was a role model for my students who were apart of the LGBTQ community. I got to provide input in
conversations relating to being disabled and transgender. I felt respected and accommodated whenever
needed. I'm currently teaching kids how to swim and everyone at this employment is kind and
understanding. The kids ask my name and they say "It's Mr. D_____!" Or while directing them they say "Hang
up your towel and walk over to Mr. D_____." It all depends where you work and what work you do. If I didn't
work with youth, I would very likely deal with a lot more discrimination. We want to show tolerance to our
youth, so that's what I get more than others.”
- Public Comment submitted to NYS DOL from Transmasculine/Non-binary Individual, White, Hudson Valley
In addition to being more accepting of TGNCNB individuals, according to survey respondents,
more young people are also identifying as TGNCNB themselves. Broadly speaking, nationwide,
nearly one in five people who identify as transgender are between the ages of 13 and 17
according to the Williams Institute
69
and in New York, 45% of respondents to the Network’s
Needs Assessment between the ages of 14 and 34 identified as Gender Non-conforming or
Non-binary.
70
With an eye towards the future of work, creating a safe and healthy work
69
Jody L Herman, Andrew R Flores, and Kathryn K O’Neill, “How Many Adults and Youth Identify as Transgender in
the United States?,” Williams Institute, UCLA School of Law, June 2022, https://williamsinstitute.law.ucla.edu/wp-
content/uploads/Trans-Pop-Update-Jun-2022.pdf. Herman, Flores, and O’Neill.
70
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.”
Research Findings
56
environment is going to become increasingly relevant as younger generations enter and
advance through the workforce.
In stakeholder and community engagement conducted for this report, younger people
expressed that they do not want to feel forced to pass as cisgender as much as their trans
elders have. Many younger people want to express their authentic selves as much as possible,
including at work.
71
Amongst trans youth this translates into not feeling the urgency to pass as
much as older generations, but instead wanting to be open about their gender identity as much
as possible. Younger people are also more likely to identify outside the binary of male and
female.
72
Trans people outside of the binary face additional stressors. For example:
The assumption of what ‘trans’ looks like. The assumption is assumed trans is always
masculine to feminine and she/her [pronouns].” – Urban Dweller Focus Group conducted on
behalf of NYS DOL, Transgender Female, White
“I’ve been passed over because I don’t look like how they think a trans person should look. [I] feel stuck
because people assume that I am transitioning in a different direction. Or that I am not transitioning [since I
am masculine passing].”
– Urban Dweller Focus Group conducted on behalf of NYS DOL, Trans Male, Black
Individuals who identify as non-binary, gender non-conforming, agender, genderqueer, or
another gender identity outside of the male or female binary, face unique challenges in addition
to those they already experience as trans individuals. Most people and workplaces, regardless
of their support for trans individuals, lack the vocabulary to discuss gender outside of the binary.
For those who identify as non-binary, this can create even more unfamiliar territory in
workplaces that struggle to acknowledge trans individuals. Non-binary individuals have
expressed frustration when colleagues do not use their pronouns, such as they/them or
zhe/zher. Even within the LGBTQ+ community, trans individuals have acknowledged the need
for education on non-binary terms and pronouns, as they recognize their own lack of knowledge
on the subject. For example:
“When I worked at another job, I caught myself calling someone who uses they/them ‘she.’ I think education
should be all around.”
– Urban Dweller Focus Group conducted on behalf of NYS DOL, Trans Female, Black
71
Kevin Jack, “August 2023 Issue of the Employment in New York State Newsletter,” New York State Department of
Labor, August 2023, https://content.govdelivery.com/accounts/NYDOL/bulletins/36d2f95.
72
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.” Guidry JA, Hou EP, Lopez M,
and Hatch M, Otting J,.
Research Findings
57
DIVERSITY IN EMPLOYMENT OPTIONS
The qualitative data collected for this report showed a trend of TGNCNB people not being
interested in traditional 9-5 office jobs in large corporations. While some individuals still aimed
for these positions, others emphasized the need for alternative work arrangements. This
included options such as flexible work hours outside of regular business hours, the ability to
work from home, and the freedom to choose when and how to interact with customers and co-
workers. This shift in work preferences is not a unique phenomenon, especially since the onset
of the COVID-19 pandemic. The TGNCNB community shared similar sentiments to the general
population’s increased preference for alternative work arrangements, but also described other
community-specific employment needs that such arrangements can meet.
SELF-EMPLOYMENT
Many TGNCNB focus group participants and survey respondents viewed self-employment as
particularly beneficial due to the discrimination and obstacles they face in predominately
cisgender work environment. Self-employment allows individuals to work independently, with
limited public interaction, and to decide when and how to interact with clients. During the
Department's engagement with trans community representatives, many were independent
contractors or founded trans-led nonprofits. These founders were trans individuals who were
frustrated with being mistreated for their gender identity and struck out on their own to create
the affirming work environment they could not find elsewhere. Groups such as Translatinx
Network, Adirondack North Country Gender Alliance, Black Trans Nation, and Trans Equality
New York were all founded and led by trans women or gender non-conforming individuals. Kiara
St James, the founder and Co-Executive Director of New York Transgender Advocacy Group
(NYTAG), was a champion of the legislation that called for this report. Many TGNCNB New
Yorkers work in the field of LGBTQ+ cultural competency education and research. Their
motivation often stems from experiencing disrespect in the world and wanting to create a better
workplace for themselves and others like them. Even if they have to interact with the public, self-
employed individuals can do so on their own terms. For example:
“I was a pet groomer and I would put pictures up on Facebook, but not photos of myself. Sometimes they'd
meet me for the first time and I could tell when I corrected people on pronouns I would either get a look or
their tone or body language would change and then I never saw them again.”
– Immigrant Focus Group conducted on behalf of NYS DOL, Trans Female, Black
BENEFITS OF REMOTE WORK
Many individuals have found remote work to be more comfortable, especially during the COVID-
19 pandemic. This applies to both cisgender and transgender individuals, but for those who
struggle to have their identity affirmed in the workplace, working from home can be liberating.
For trans individuals, careers that are completely remote, may be particularly appealing.
Individuals who wrote public comments, but did not want to be quoted directly, mentioned the
benefits of working from home, and were disappointed by the decrease in remote work options
Research Findings
58
as the pandemic emergency has receded. Working remotely can have a significant impact on
the mental and physical health of trans individuals. For example:
“Remote work has been great for being gendered correctly but now that there is a push for return to office, I
am misgendered by colleagues, and most hurtfully, by supervisors. I had to out myself to find access to
gender neutral bathrooms, and struggle to get key card to get access to them. Overall, return to office
procedures have increased feelings of dysphoria and decreased feelings of personal safety. I felt much safer
and more productive during remote work.”
- Public Comment submitted to NYS DOL from Transmasculine Individual, White, Hudson Valley
THE UNDERGROUND ECONOMY
Some TGNCNB individuals are involved in underground economies at some point in their lives,
including the sex work economy. Sex work can mean exchanging sex for money, food, or other
resources; it can be in-person or online; and it can be for survival or by choice.
73
Studies have
found that TGNCNB people, and especially trans women, are more likely to engage in sex work
at some point in their lives than the general public. The 2015 USTS reported that 20% of
respondents had participated in the underground economy, and 12% had experience with
income-based sex work.
74
TGNCNB individuals who participated in focus groups or submitted public comments in
connection with this report spoke of their decisions to choose sex work over other professions
for various reasons. These included the desire for independence, flexible scheduling, and the
ability to choose their clients. Additionally, sex work may not require specific education or
credentials, and the pay can often be considerably higher than they are able to obtain in the
traditional economy. According to a report by the National Center for Transgender Equality on
transgender people’s experiences with sex work, for some trans individuals facing discrimination
and harassment in their everyday work lives, sex work can be the best option for viable and
financially stable employment.
75
Below are public comments and remarks from the
Department’s focus groups and IDIs regarding sex work:
“There are times you have to sleep with someone to get a job, a place to rent, food, clothing, housing,
security. It depends on what your needs are and what your position is…Each and every one of us wants to
be independent and to have our own careers.”
– Immigrant Focus Group conducted on behalf of NYS DOL, Trans Female, Asian
73
If you would like to read more about the sex work economy you can find out more information from the Sex Workers
Outreach Project and the National Center for Transgender Equality’s report Meaningful Work, that discuss the
complexities of this issue with greater detail (the 2022 US Trans Survey report when it comes out will also be a great
resource).
74
James, S. E., Herman, J. L., Rankin, S., Keisling, M., Mottet, L., & Anafi, M., “USTS Full Report 2015,” U.S.
Transgender Survey (Washington, DC: National Center for Transgender Equality, 2016). James, S. E., Herman, J. L.,
Rankin, S., Keisling, M., Mottet, L., & Anafi, M.
75
Erin Fitzgerald et al., “Meaningful Work: Transgender Experiences in the Sex Trade,” National Center for
Transgender Equality, December 2015. Fitzgerald et al.
Research Findings
59
“I turned to sex work and was earning $444 an hour. In my job, I was only making $13 an hour. Trans female
bodies are fetishized. We are only accepted for internships and seasonal jobs, especially in non-profit
organizations.”
– People of Color Focus Group conducted on behalf of NYS DOL, Two-Spirit Individual, American Indian/Alaskan
Native
“The majority of my money these days comes from camera sex work. I'm on C________ and other platforms.
It's the easiest way I’ve found to make money on the internet…. The last [Graduate Assistant] job that I
finished was 20k annually, which is the highest I've been paid at a university. The sex work is comparable,
but the dollar is higher per hour.”
– Rural Residents Focus Group conducted on behalf of NYS DOL, Trans Female, White
“I freelance in the adult industry…Married queer men…often initiate covert attempts at infidelity by
propositioning me for paid sexual encounters. They often use slurs to describe both themselves and myself
in these propositions due to their warped perception of the LGBTQ+ community. It is very difficult to even
begin to explain to these individuals what they're doing wrong since they're so entrenched in their thinking. I
fear any of these men may become obsessed and begin stalking me.
– Public Comment submitted to NYS DOL from Trans Woman, White, Capital Region
“Usually in the workplace I have to "hide" the fact that I'm trans to avoid being treated differently. I've
witnessed others being mistreated because they're trans I've been misgendered at work and it's almost like
we're not allowed to be human sometimes. No emotions no feelings no thoughts just do the work. This is one
of the reasons many trans women get into and stay in sex work. There are few to no trans people in
management few to no trans people making salary…life changing money at that …money to actually be able
to survive without put your body and sometimes life at risk constantly.”
- Public Comment submitted to NYS DOL from Trans Woman, Black, New York City
TIME-OFF, HEALTH BENEFITS AND GENDER-AFFIRMING CARE
The Department’s research found that being able to access gender-affirming medical care can
be a priority for some TGNCNB people that influences their decisions about employment. New
York State has strong TGNCNB protections for insurance plans regulated by the State, and
these insurers, along with New York State Medicaid, are required to cover all medically
necessary treatment for “gender dysphoria.” Unfortunately, some private employers use
healthcare plans that are based out of state or are self-funded by an employer, which means
Research Findings
60
that New York State protections don’t apply.
76
Study participants spoke about the need to
prioritize Medicaid eligibility and how finding a full-time job could jeopardize their insurance
coverage for gender-affirming care. For those that were employed in a full-time position, they
faced challenges in being able to take enough time off for gender-affirming procedures without
risking their unfriendly employer discovering the reason for their absence. Moreover, if an
employee takes medical leave for gender-affirming care, their employer may be informed of the
procedure, leading to further complications if the employee is not comfortable sharing their
gender identity. For example:
“I don't have to worry about it because if I need any kind of surgery, it's covered because I only work part-
time ... but I think it's important to know because what if you do want to get a surgery? Sometimes with the
way they pay us, it's not enough for insurance and other basic needs. Some people are just living paycheck
to paycheck, day to day.”
– Urban Dweller Focus Group conducted on behalf of NYS DOL, Trans Female, Black
“Getting health care through your employer is the WORST. I've turned down jobs because of the levels of
invasiveness/involvement/outing health care processes at some places. Most employers pick the s*********
plans possible and finding a doctor within that a) handles trans patients or b) is even willing to CONSIDER
seeing a trans patient c) is remotely affordable and d) has any type of hormone coverage that doesn't require
hours a month on the phone getting approval is a challenge.”
– Public Comment submitted to NYS DOL from Male FTM Identified Individual, White, Capital Region
“I live in constant fear of not "making it" in the highly competitive fields of the arts and academia because I
know it's very unlikely I'd be able to find consistent, gainful employment in most other fields because of the
way I present my gender. I am constantly afraid. (And I'm not going to pretend like these fields are perfect,
either, but I can deal with casual bigotry as long as I am keeping my hours and getting my paycheck.) When
it comes to barriers, my finances are a constant strain. Hormone replacement therapy costs money; the
hormones, the appointments, the quarterly bloodwork. It adds up. And when I'm shelling out money I don't
have on gender affirming medicine that is keeping me alive, the time and money it takes to travel to things
like interviews and work itself can be overwhelming and prohibitive.”
- Public Comment submitted to NYS DOL from Transmasculine/GNC Individual, White, Finger Lakes
76
NYS Department of Financial Services, “Transgender New Yorkers: What You Need to Know to Get Care,”
Department of Financial Services, accessed September 19, 2023,
https://www.dfs.ny.gov/consumers/health_insurance/transgender_healthcare.
Research Findings
61
“[My manager] continued scheduling me on days I would have been out for surgery, leading me to quit
before getting fired for not showing up to scheduled shifts.”
- Public Comment submitted to NYS DOL from Transgender Male, White & Asian American/Pacific Islander, New
York City
“How can I navigate public services? How am I going to secure upper-echelon employment? How does
medical transition interplay with employment? What type of insurance coverage is there? The physical
aspects of transitions are interconnected with employment. How they are interconnected plays out in the
roles that we seek out. It depends where someone is in their transition and whether they have to be ‘on the
table’ [getting gender-affirming surgeries]. Maybe more gig work, or working off the books or doing Uber
Eats [makes more sense] because in a couple months, they need to get on the table…I have not pursued
employment like I want to because of my surgeries.”
– Older Adult Focus Group conducted on behalf of NYS DOL, Male, White
BEING TRANS IN NEW YORK
Many people talked about how thankful they were to live and work in New York versus other
parts of the country due to this state’s stronger protections, policies, and resources for TGNCNB
individuals. For example:
“I moved back to the Adirondacks last year after a horrific employment experience in WI, where after coming
out and transitioning I was gaslighted and a group of employees…and the HR director were actively working
together to get rid of me. I fixed that issue for them by finding a way to return to NY and my beloved Lake
Placid. I applied for one position…and got an interview… they chose me. I was elated… I can now report that
it's exceeded anything I could have imagined. I've been embraced here simply for who I am. My gender
identity feels irrelevant (as it should be). I am valued for my work and my contributions, and I've never felt
better about who I am or what I'm doing here on Earth…looking out on the political environment across the
country, there is almost [no] state I could feel better about being in than NY.”
– Public Comment submitted to NYS DOL from Transgender Woman, White, North Country
However, many people noted that discrimination and hardship are still common occurrences for
individuals in the trans community around the state. For example, trans individuals living outside
of New York City reported a change in the treatment they experienced in other areas of the
state. Those living in rural communities found that there are fewer resources in areas that are
farther away from major metropolitan areas. Employment is also harder to find in rural parts of
the state, regardless of gender identity. As a result, when a trans person finds a job in a place
without a lot of employment opportunities, the stakes can be much higher to keep a job even if it
comes at the expense of living their truth.
Research Findings
62
“I have lived in New York for over 20 years and I began my transition when I was 17 (before I moved to New
York State). Overall, finding/hunting for employment is horrifically stressful… After leaving New York City, it
took me over two years to find a health care provider in the Hudson Valley. I was employed in this time
period and had to make up secret trips to the city or take vacation days to see doctors down there. I couldn't
tell my boss up here…and [they] "laid" me off eventually...Also, between prescriptions, bloodwork, and
doctors appointments, it’s hard to find any employer that is minimally accommodating to any of these things
(I *don't* think that is specific to trans people, just anyone who needs regular care). I do think that since most
of the population 10 years ago had never heard of trans people and now, while they might not understand
exact what that means, they know we exist that it is getting better and slightly less terrifying being out. I'm
just happy I'm in New York.”
– Public Comment submitted to NYS DOL from Male FTM Identified Individual, White, Capital Region
“I've had to not tell my boss my gender identity because I work in a very conservative area and feel unsafe
telling anyone in that specific area that I am nonbinary. I've struggled severely finding jobs around me that
are LGBTQ+ friendly and it saddens me because I love who I am and I just want to be who I am.”
– Public Comment submitted to NYS DOL from Non-binary Individual, White, North Country
“It was hard to find a place of work that would respectfully use my pronouns (they/them) and that I felt safe
and comfortable working at. Living in small town in the Southern Adirondacks and working in the
conservation / outdoor education field, the industry was largely more conservative. In searching for a job, I
looked for a place that included pronouns during interview introductions, and had insurance that covered
gender affirming care... As of 2019, New York State has decent laws protecting Trans People, but I've found
that many employers don't even know these laws exist, especially in rural parts of the state.”
- Public Comment submitted to NYS DOL from Nonbinary Trans Individual, White, Capital Region
While I do feel that I'm safer in New York than most other states due to protections codified under state law,
those laws do not stop random acts of harassment or violence…It's terrifying.” - Public Comment submitted to
NYS DOL from Transgender Woman, White, Capital Region
With the increasing popularity of remote work, people who live and work in New York may be
employed by companies in other states that have anti-TGNCNB laws or weaker protections for
TGNCNB individuals. This can leave New Yorkers working remotely for an employer outside
New York with little recourse if they experience discrimination or harassment. For example:
Research Findings
63
“One of the other big concerns I've had has been around health insurance. New York State has reasonable
legal requirements concerning transgender healthcare as I understand it but many employers offer self-
funded insurance plans that are only subject to federal regulations that provider fewer guarantees.”
- Public Comment submitted to NYS DOL from Non-Binary Woman, White, Finger Lakes
“I am very concerned about my health insurance at my company. The policies today do not align with
WPATH [The World Professional Association of Transgender Health] Standards of Care Chapter 8. Plus my
company is headquartered in Florida, and their health insurance is self-funded (administered by Cigna), so I
am worried about the impacts of potential Florida laws (i.e., HB 1421…which could limit private health
insurance coverage if passed into law) and if I will lose my gender affirming coverage if such laws are
applied in Florida, even though I am a New York State resident, and I live and physically work in New York
State… I am concerned about my future with the company, especially with the HQ being in Florida, and if I
have a long term future and, my rights will be protected with the laws being passed in these other states.“
– Public Comment submitted to NYS DOL from Transgender Woman, White, Finger Lakes
While New York might be a haven for some trans communities, it is also consistently one of the
most expensive places to live in the country. With many trans individuals living at or below the
poverty line in the state’s cities, having these resources concentrated in cities is important, but
does not promote affirming experiences for TGNCNB individuals in less metropolitan regions of
the state.
NYC is a beacon for LGBTQ+ communities. Many people have come to New York City to find a
safer place to express their gender identity, find jobs that embrace them, and get services from
agencies and nonprofits specifically for TGNCNB people. And yet, trans people living in NYC
still experience the alleged employment discrimination and harassment issues described in this
report. Unfortunately, there are also numerous acts of violence against TGNCNB individuals
every year. Between 2017 and 2020, at least nine trans individuals were murdered in New York
City.
77
Despite the services and safety that trans-friendly laws provide, TGNCNB individuals
spoke of how they still experience danger and risk in NYC. For example:
“While I haven't felt unsafe at work, I have often felt disrespected and harmed. I have countless stories I
could share…I am a public defender in NYC and I was in court one day and the Court officer was referring to
me and instead of calling me "counsel" or by my name, he called me "he/she." I did file a formal complaint,
but nothing came of it. The court officer was not my colleague, but interacting with him is part of my job
responsibilities.”
- Public Comment submitted to NYS DOL from Gender non-conforming/Genderqueer Individual, Middle
Eastern/North African, New York City
77
“Regional Reports - New York,” Transgender Law Center, accessed January 5, 2023,
https://transgenderlawcenter.org/regional-reports-new-york/.
Research Findings
64
“There are very [few] spaces willing to hire trans people in New York City.”
– Public Comment submitted to NYS DOL from Transman, Hispanic/Latino, New York City
“I am a trained ballet dancer who moved to NYC to dance at ________ on a full scholarship. Upon arriving the
school became aware of my gender and took my scholarship away for not being female. I then auditioned for
______ a drag ballet company but was told I was too feminine to play their comedic repertoire. To survive I
fell on working as a make up artist at the largest hair salon in NYC. [I was] their top make up artist I
experienced many hostile and discriminatory incidents. The last one being the one that truly led to the
decline of my well being. I was verbally attacked in front of a salon full of over 100 people as hateful threats
were made to me by someone higher up in the company. The company never apologized my life fell apart to
say the least. I have not held a job since then and that was almost 20 years ago. I am just not mentally able to
take a job out of fear of not being treated fairly based on my work, my talent or skill. Currently I work 60
hours a week running a community garden as a volunteer and I receive food stamps to survive…I have lived
my life thinking people saw me as a person first and my gender and race second but unfortunately the world
doesn't view things the same way.”
- Public Comment submitted to NYS DOL from Transgender Individual, Asian American/Pacific Islander New York
City
Policy Recommendations
65
POLICY
RECOMMENDATIONS
Throughout the research and analysis for this study, TGNCNB researchers and LGBTQ+-led
organizations were the best resource for data on the TGNCNB community, providing essential
guidance and information to the Department. Over more than a year of community engagement,
the strength and power of the TGNCNB community in New York remained a constant. Despite
the hardships in seeking work and navigating environments that are hostile to trans people,
TGNCNB people and TGNCNB-led organizations have created and provided systems of
community care and have led advocacy on many of the efforts identified in this report. Despite
significant structural barriers, TGNCNB New Yorkers have, and continue to show an unending
resiliency.
In a time when anti-trans sentiment and laws are on the rise nationwide, New York State has
continued setting an example for the rest of the country by passing laws protecting TGNCNB
New Yorkers' rights. And while the Department has continued to support this effort by pushing
for change, work is still needed.
Working toward this change and finding solutions ensures a vibrant and diverse labor market. In
2021, McKinsey estimated that a “concerted effort to increase employment and wage equity for
transgender people could boost annual consumer spending by $12 billion a year” nationwide.
80
The policy recommendations below will allow New York State to continue to lead the way in
ensuring all New Yorkers have access employment and the ability to participate in their local
economies.
STRENGTHEN
COLLECTION OF GENDER DATA
A
T FEDERAL LEVEL
As discussed throughout this report, data on gender is not collected sufficiently at the federal
level. As the main resource of employment related data and analyses in New York, the
Department recommends the State advocate for the inclusion of gender identity questions on
population sample-size surveys to establish a large, statistically sound dataset regarding the
TGNCNB population. In June 2022, Executive Order 14075 called for the Chief Statistician of
the United States to develop recommendations for Federal agencies on current best practices
for the collection of self-reported sexual orientation and gender identity (SOGI) data on Federal
statistical surveys. In January 2023, the federal guidance on best practices was released along
with a Federal Evidence Agenda on LGBTQI+ Equity that aimed to provide a roadmap for
federal agencies as they work to create their own data-driven and measurable SOGI Data
Action Plans to help assess, improve, and monitor the health and well-being of LGBTQI+ people
over time.
78
While these are important first steps, a gap in current data still remains.,. As a
result, it remains difficult to gather meaningful population sample-level data that can be
disaggregated by gender identity. In addition, the lack of a standardized method by which
78
The White House, “Recommendations on the Best Practices for the Collection of Sexual Orientation and Gender
Identity Data on Federal Statistical Surveys” (Washington, DC, 2023).
Policy Recommendations
66
gender identity questions are asked can lead to a lack of data comparability across datasets,
making it challenging to analyze and advance research towards effective policy solutions. A
national standard on how to collect, analyze, and report data related to gender identity is
necessary.
79
The Department recommends that all surveys conducted by the US Census Bureau should be
updated to include questions regarding gender identity. In addition to the decennial census, the
US Census Bureau is responsible for annual surveys, including the American Community
Survey (ACS) and Current Population Survey (CPS). The US Census Bureau conducts over
130 surveys per year, ranging in topics from business and employer surveys to health surveys
to housing. Only eight of these surveys ask about gender identity, and most of those surveys
are about health, not economic indicators.
80
The information from these surveys is essential to
understanding employment rates and trends. The Department recommends New York State
advocate for the inclusion of gender-based questions in all national population-sample surveys,
following consultation with the TGNCNB community regarding preferences and concerns.
Stay Tuned:
Testing Sexual Orientation and
Gender Identity Questions on the A
CS
In September, the United States Office of Management and Budget put out a call for public
comment on adding sexual orientation and gender identity (SOGI) questions to the ACS. This is
in preparation to test collecting SOGI data on the survey. While the ACS is not used specifically
to calculate the employment rate, it is used for other economic indicators, and would be the
most robust data set with information on sexual and gender minorities to date. The NYS
Department of Labor submitted feedback endorsing the adoption of SOGI data collection.
Please see Appendix V for the full comment. If this data collection is accepted into the ACS,
hopefully soon the Census Bureau and the Department of Labor will be able to report reliable
employment information on TGNCNB people in this country and at the state level.
“Even in New York State, which is a liberal state, they are not comfortable letting the government know that
they are trans to receive help. There is no guarantee that any info you give New York State won’t make its
way to the federal government or a less tolerant state. And that’s assuming New York and America stay
progressive forever.”
– People of Color Focus Group conducted on behalf of NYS DOL, Agender Individual, Hispanic
79
National Academies of Sciences, Engineering, and Medicine, Measuring SOGI. National Academies of Sciences,
Engineering, and Medicine.
80
“Current Measures of Sexual Orientation and Gender Identity in Federal Surveys.”
Policy Recommendations
67
“As paranoid as the idea makes me, I think it’s important to collect that data because I’m currently
unemployed and I’ve been searching for a job for 4 months. I know that my public identity as a transgender
individual has been hampering that job search and I know that this is not unique.”
81
– Focus Group Participant in 2018 Census Bureau Report on Adding Gender Identity to CPS
In addition to advocating for the national collection of gender identity, there is the opportunity for
New York State to expand data collection at its agencies. In November 2023, Governor Hochul
signed legislation (A358/S3225; Chapter 674 of the Laws of 2023) to allow New York State
agencies to collect demographic data related to sexual orientation and gender identity or
expression. The legislation also requires guidance to be issued for state agencies in their
compliance with the law. The Department applauds this achievement and encourages state
agencies to prioritize the expansion of SOGI data collection using evidence-based research,
best practices, and input from the TGNCNB community.
SUPPORT
THE TGNCNB POPULATION
WITH
WORKFORCE
DEVELOPMENT PROGRAMS
Barriers to employment, especially discrimination, severely limit the ability of TGNCNB
individuals to obtain and keep a job. The most important thing New York State can do is help
members of the TGNCNB community find affirming employment.
HOST JOB FAIRS WITH TRANS-AFFIRMING EMPLOYERS
The state of New York can take a step toward addressing the discrimination faced by TGNCNB
individuals during job interviews and applications by hosting a job fair with TGNCNB affirming
employers. TGNCNB New Yorkers need to feel safe during the application process, which can
help reduce the pressure on community members to decide how open they are about their
identity during job interviews. Safety and security concerns are also a major issue when working
for an employer that is not inclusive of the TGNCNB community. “Limited access to workplaces
that are affirming and inclusive puts TGNCNB people at greater risk for poverty, homelessness
and criminalized work.”
82
The Department regularly hosts career fairs, virtually and in person, during the year. In 2022,
the Business Services team at the Department hosted 130 total job fairs, engaging
approximately 6,000 businesses and 50,000 job seekers. Through public engagement, the
Department heard that the TGNCNB community often keeps informal lists of employers who are
trans-inclusive. Working with leading service providers in the TGNCNB community, the
81
Holzberg et al., “Asking About Gender on CPS.” Holzberg et al.
82
Human Rights Foundation, “Dismantling a Culture of Violence.” Human Rights Foundation.
Policy Recommendations
68
Department will create guidance on best practices for employers that wish to be trans-inclusive
and affirming. Members of the TGNCNB community and the Department’s Business Services
team will then engage with employers to invite those that adopt these best practices to
participate in the TGNCNB job fair. Service providers outside the New York City area spoke of
the important role SUNY campuses play in offering resources to the TGNCNB community, and
the Department recommends working closely with SUNY to recruit both employers and job
seekers from the TGNCNB community. With this employer list, the Department proposes its
Business Services team will host state-wide virtual career fairs every year targeted at the
TGNCNB population. The Department can advertise this job fair through TGNCNB service
providers. The job fair will alleviate some of the fears many TGNCNB individuals feel during the
job application process and provide opportunities to apply to employers that are more affirming
and inclusive of trans employees.
“I think they should have specific ads for the LGBT+ community. If it is labeled that they do not discriminate,
it would be so great. It’s a huge favor to all of us. Employers won’t waste their time interviewing [us], and
[we] won’t have to go all over the place to find a job.”
– Immigrant In-depth Interview conducted on behalf of NYS DOL, Trans Female, Asian
EXPAND FUNDING FOR WORKFORCE TRAINING & ENTREPRENEURSHIP FOR
TGNCNB INDIVIDUALS
As a State, New York should provide avenues for TGNCNB individuals to obtain the education,
training, and skills they have been denied due to discrimination by dedicating funding for
TGNCNB workforce training. The State should also take steps to support those TGNCNB New
Yorkers creating their own affirming employment opportunities through entrepreneurship.
Although GENDA has been in effect since 2019, TGNCNB New Yorkers continue to feel the
impact of years of discrimination leading some to prefer self-employment while others find it
difficult to advance in their careers.
83
To provide access to workforce training for TGNCNB individuals, and to uplift TGNCNB
employers, New York State should consider expanding the Lorena Borjas TWEF to invest in the
employment needs of TGNCNB New Yorkers. An additional $1 million in funding could support
TGNCNB-led organizations throughout New York State that provide culturally competent
workforce development training for members of the TGNCNB community. This additional
funding should be designated for these organizations and the work they are already doing. This
funding should also be made available to assist TGNCNB entrepreneurs in need of skill-based
trainings or community building to achieve successful self-employment. Supporting these
83
New Pride Agenda and Strength in Numbers, “The State of GENDA: How New York Is Enforcing the Gender
Expression Non-Discrimination Act,” December 2023,
https://drive.google.com/file/d/1fDJqEnxcnaYahKcpEaS9qwtluwCJgJar/view?usp=share_link&usp=embed_facebook.
New Pride Agenda and Strength in Numbers.
Policy Recommendations
69
TGNCNB-led organizations and businesses is a commitment to improving economic outcomes
for TGNCNB New Yorkers.
Because of the level of misunderstanding and discrimination many in the TGNCNB community
experience, workforce development and entrepreneurial training that can provide networking
and community relationships with other TGNCNB participants, as well as affirming employers,
are essential to finding successful employment.
84
A workforce development training program
aimed at the TGNCNB population should include additional training beyond the standard skills-
based education and soft skills training on interviewing and resume writing. Incorporating
education on GENDA and gender discrimination protections, as well as skills around navigating
a hostile workplace or moving on from underground economic activities is essential to this
population. Building community relationships in addition to skill development are key to shifting
TGNCNB individuals toward economic security.
85
“What gave me a lot of courage -- I always was a sex worker -- but there was this cohort for trans people
only, and they gave me a lot of strength and education on how to represent [myself] and how to deal with
certain situations. It was a work-readiness cohort just for trans people. They taught me how to write a
resume, how to present myself at interviews, and how to handle a situation when someone isn't being
affirming towards me.”
– Urban Dweller Focus Group Conducted on behalf of NYS DOL, Trans Female, Black
PROVIDE
GENDER IDENTITY AND DISCRIMINATION
TRAINING
F
OR
A
LL
A lack of cultural competency around gender identity and expression contributes to the
employment barriers experienced by TGNCNB individuals. New York State should take steps to
address this through trainings in the workplace. In 2018, New York State enacted nation leading
legislation to prevent sexual harassment at work. One aspect of New York’s sexual harassment
legislation that made it groundbreaking was the requirement for all employers, regardless of
size, to adopt a sexual harassment prevention policy and host an annual training for all
employees.
86
An annual training and policy are essential to employees knowing their rights and
understanding the rights of their coworkers.
A major hurdle to the success of GENDA is a lack of awareness and education regarding the
rights GENDA affords to TGNCNB individuals. When the burden is on the employee to know
84
Ray, Sevilla, and Inzunza, “TGNC Employment Discrimination in NYC.” Ray, Sevilla, and Inzunza.
85
Ray, Sevilla, and Inzunza, “TGNC Employment Discrimination in NYC.” Ray, Sevilla, and Inzunza.
86
New York State, “Combating Sexual Harassment in the Workplace,” NY.Gov Programs: Combatting Sexual
Harassment, accessed October 4, 2023, https://www.ny.gov/programs/combating-sexual-harassment-workplace.
New
York State.
Policy Recommendations
70
their rights and file a discrimination complaint, this puts them at risk for illegal firings or
retaliation. Robust awareness efforts must be made to lessen this burden.
87
“[These laws are] great because it gives a precedent, but there's no funding, no lawyers, etc. to go the next
step other than ‘Great, this is job discrimination, let’s find a different job for you.’ It’s just a pretty piece of
paper.”
– Urban Dweller Focus Group conducted on behalf of NYS DOL, Trans Male, Black
More broadly, hostile anti-trans rhetoric thrives when education and understanding is lacking.
Even well-meaning employers and co-workers may be unfamiliar with appropriate cultural
competency regarding gender identity and expression. Proactive education that increases public
understanding about gender can help. A shared vocabulary in the workplace is crucial to
creating open and affirming employment experiences. There is potential to erase or overlook the
negative experiences of TGNCNB co-workers because some do not have the words to talk
about it or are “afraid they’ll cause offense by getting the words they don’t know wrong.”
88
“There were many points where I knew what was happening was illegal discrimination but didn't feel like I
had the power to do anything about it”
- Public Comment submitted to NYS DOL from Trans Man/NonBinary Individual, White, Capital Region
The most popular proposed policy recommendation among the Department’s focus groups was
gender identity education in the workplace. While education is not a cure-all, there was a
sentiment from the focus groups that there will be no improvement in TGNCNB employment
experiences until society respects transgender people. For that reason, the Department will be
developing a model gender identity and discrimination training for all employers to adopt. The
training will be a standalone course separate from the currently mandated sexual harassment
training, as the Department recommends this training move beyond the anti-discrimination
protections provided by GENDA and include information regarding gender identity and
expression more broadly. Cultural competency is essential to creating a workplace where
TGNCNB individuals feel safe. In the future, the State should consider mandating this training.
Similar to the sexual harassment model training provided by the State, the gender identity
cultural competency training will be aimed at employers that do not have their own gender
identity training. This will be essential for smaller businesses that do not have access to human
resource professionals for such work. The Department also recommends that individuals with
trans experience be consulted in developing such training. Representation is important and
87
Aurelia Glass, Sharita Gruberg, and Caroline Medina, “New Opportunities for the Biden-Harris Administration To
Create Good Jobs for LGBTQI+ Workers,” Center for American Progress, April 2022,
https://www.americanprogress.org/article/new-opportunities-for-the-biden-harris-administration-to-create-good-jobs-
for-lgbtqi-workers/. Glass, Gruberg, and Medina.
88
Baboolall et al., “Being Transgender.” Baboolall et al.
Policy Recommendations
71
members of the TGNCNB community are best able to speak to what is needed to achieve better
cultural competency around gender.
BOLSTER GENDA AWARENESS AND ENFORCEMENT
Enforcement of GENDA remains a concern in the TGNCNB community. Discrimination based
on gender identity can be difficult to prove, and knowledge around the protections GENDA
offers is often limited. For GENDA to reach its full potential, it must be understood and
accessible to those it is meant to protect. Alerting all New Yorkers to the protections under
GENDA and the consequences for violating the law could lead to an increase in the number of
GENDA-related complaints filed with DHR and, in turn, an increased enforcement impact,
including through potential financial awards and policy changes in cases where discrimination is
found.
89
To work toward increased awareness regarding GENDA, the Department recommends the
development of an employer awareness campaign and distribution of educational materials
regarding gender identity and GENDA to all employers in New York State. These materials
should be designed to be shared with all employees, especially human resources staff.
Materials should also outline types of discrimination prohibited under GENDA as well as how an
individual may enforce their rights under GENDA.
90
,
91
“For me, the issue is that I don't have enough money. My jobs don't pay a lot of money. I barely have enough
to scrape by. It's not going to help me if I have these legal protections if I know my employer is just going to
fire me at will the next day and I don't have enough money to pay rent. Even if I cite the law, it's not going to
help me at all.”
– Rural Residents In-depth Interview conducted on behalf of NYS DOL, Transgender Female, White
Additionally, the State should explore increasing civil penalties for violating the New York State
Human Rights Law. Since 2009, NYS DHR has had the authority to assess civil penalties
against employers who commit unlawful discrimination but the caps on these fines have not
been increased since the law passed almost 15 years ago. Enhancing penalties for
discrimination can serve as a deterrent for employers and encourage employers to educate
themselves on gender identity competency. It will also demonstrate a commitment by the State
89
New Pride Agenda and Strength in Numbers, “The State of GENDA.” New Pride Agenda and Strength in Numbers.
90
An individual can hire an attorney and sue in court, or they may file a complaint with NYS DHR. Filing a complaint
with NYS DHR is easy, available completely online and does not require retaining an attorney. Individuals do not
need an attorney to make a claim through NYS DHR. The agency will investigate, prosecute, and adjudicate claims
free of charge. In the future, if increased awareness has the desired impact on encouraging GENDA-related
complaints, this may result in the need for additional funding.
91
Please visit the NYS DHR website at https://dhr.ny.gov/complaint to learn more about how to file a discrimination
claim.
Policy Recommendations
72
to creating a just and equitable experience for all New Yorkers. Due to past harms, vulnerable
populations, including the TGNCNB community, do not always trust that contact with
government agencies will be positive.
92
Enhancing penalties for violations to the State’s Human
Rights Law will take steps toward strengthening the State’s commitment to protecting these
communities.
ALLEVIATE
BARRIERS TO LEGAL
DOCUMENTATION
Making it easier to change one’s legal name and gender marker helps ensure a diverse and
inclusive workforce. Not having legal identification that matches one’s gender identity is a critical
barrier to employment experienced by TGNCNB individuals. Identification that reflects one’s
gender identity can play an important role in reducing workplace discrimination and violence.
93
It
also allows TGNCNB individuals the freedom to decide whether to share their trans experience
in the workplace. A lack of appropriate identity documents is a deterrent for many people from
applying for jobs, school, and certification programs.
94
With the recent enactment of the Gender Recognition Act, legally changing one’s name and
gender marker in the State is easier. An individual born in New York State and living in the state
can correct the gender marker on their state issued identity documents, such as their driver’s
license and birth certificate with self-attestation rather than a court order or doctor’s note. At the
same time legal name changes no longer require a publication requirement. Still, those seeking
to change their name and gender marker must separately visit each state agency individually
and request a change, such as the NYS DMV for driver’s licenses or NYS DOH for birth
certificates. Keeping track of the different processes for legal transitions can be intimidating, and
the State should explore the possibility of streamlining the process across agencies.
95
There are additional potential steps for New York State to take to continue its leadership in
eliminating obstacles to legal transitions. The Department recommends a multi-agency
partnership to develop an education campaign regarding the important gains obtained through
the Gender Recognition Act. Through engagement with service providers and members of the
community through focus groups, the Department found a lack of cohesive knowledge regarding
these gains. Awareness around the new simplicity surrounding paperwork for New York State
issued IDs can go a long way in alleviating potential fear as well as the cost. For those that feel
they need to hire a lawyer to help with updating identity documents, a plain language guide can
make clear that legal counsel is not required to complete the required state paperwork.
92
New Pride Agenda and Strength in Numbers, "The State of GENDA.” New Pride Agenda and Strength in Numbers,
"The State of GENDA.”
93
Ray, Sevilla, and Inzunza, “TGNC Employment Discrimination in NYC.” Ray, Sevilla, and Inzunza.
94
Transgender Legal Defense & Education Fund, “Name Change Project - Transgender Legal Defense And
Education Fund, Inc.,” accessed March 16, 2023, https://transgenderlegal.org/our-work/name-change-project/.
95
New York State Unified Court System, “Name/Sex Designation Change Forms,” NYCourts.Gov, accessed March
13, 2023, https://www.nycourts.gov/courthelp/namechange/forms.shtml. New York State Unified Court System.
Policy Recommendations
73
“I went to law school and even with my knowledge, education and ability to research policy & procedures it
was very difficult to navigate...Now all my documentation is in order: SS CARD name, birth certificate,
passport, medical records, drivers license, retirement, credit cards, etc… but it took ALOT of time, $ and
stress to get it all done. But Now when I apply for a job - if I have to do a background check - I get OUTED as
a trans man since the forms ask if I've ever used another name.”
- Public Comment submitted to NYS DOL from Trans Man, White, Hudson Valley
Anecdotal data gained through research for this report suggests understanding of gender
identity and expression, as well as the new requirements under the Gender Recognition Act, are
lacking among New York State employees. Cultural competency is essential to ensuring any
individual of trans experience seeking a name or gender marker change is not discouraged due
to potential poor treatment by the state. In addition to a state-wide education campaign aimed at
TGNCNB individuals and service providers regarding the gains under the Gender Recognition
Act, the Department also recommends mandatory training on the requirements under the
Gender Recognition Act for state workers who interact with TGNCNB people during the legal
transition process.
“Another example that I have found very challenging to experience is being frequently misgendered by
Judges, court officers, and prosecutors. I have also witnessed many of my trans colleagues experience the
same thing. Even when the intention is not a malicious one, over time it really takes a toll on you.”
- Public Comment submitted to NYS DOL from Gender Non-Conforming, Gender Queer Individual, Middle
Eastern/North African, New York City
Cost remains one of the greatest barriers to pursuing a legal transition, with application fees as
high as $210 for a name change alone.
96
Many courts do provide the opportunity for a fee
waiver for name change applications, but this is not the case for those seeking to change their
driver’s license or birth certificate; those applications come with additional fees.
97
Understanding
the higher probability of poverty among the TGNCNB community, as discussed earlier in this
study, it must be acknowledged that any cost for a legal transition might prove prohibitive for
some members of the TGNCNB community. For that reason, New York State should explore
ways to reduce fees regarding gender affirming name and gender marker changes.
“Tell the courts to begin to waive some of these fees. There are funds. If you have someone who doesn’t
know the lay of the land at all, that’s a problem.”
– Older Adult In-depth Interview conducted on behalf of NYS DOL, Trans Man, White
96
New York State Unified Court System, "Name/Sex Designation Change Forms.”
97
Holly New, “How to Change Information on DMV Documents,” Text, New York DMV, July 2015,
https://dmv.ny.gov/address-change/how-change-information-dmv-documents.
Policy Recommendations
74
“I do not have enough money to change my name, so while filling out job applications, I have to input what is
on my government ID card. I hate doing this, but I don't want to give them information that isn't on my legal
ID. And if I get an interview, I'm terrified to bring up the fact that I don't use my legal name, anymore.”
- Public Comment submitted to NYS DOL from Transgender Female, White, Hudson Valley
Additional barriers to achieving affirming legal identification, such as distrust of the court system
due to past harm,
98
housing insecurity (as applications require a permanent address), and
potential lack of documentation (such as proof of birth due to asylum status) persist despite the
gains of the Gender Recognition Act. Currently, anti-trans legislation in other states has focused
on legal identification. For Example, both Tennessee and Florida have passed legislation
prohibiting anyone from updating their birth certificate for any reason, a way to prevent
TGNCNB individuals born in these states from completing their legal transition. The Department
recommends continued TGNCNB stakeholder engagement with this community for the purpose
of exploring potential solutions to address these challenges.
ESTABLISH
NEW YORK STATE
AS
A
MODEL EMPLOYER AND SERVICE
PROVIDER TO TGNCNB NEW YORKERS
New York State is one of the largest employers in the state and has already taken steps to
strengthen inclusion and equity for TGNCNB employees. In 2020, New York State rolled out the
Gender Identity Toolkit, which is a training resource that all State employees are required to
review. The toolkit outlines existing protections for TGNCNB individuals and best practices for
supporting TGNCNB employees in the workplace. Also in 2020, New York State enacted
legislation requiring that all single-occupancy bathrooms in state-owned or operated buildings
be designated as gender neutral. In 2021, New York State issued guidance to State agencies
about drafting measures without the use of gender specific language, such as gender specific
pronouns and nouns. Building on this guidance, earlier this year Governor Hochul signed
legislation requiring state agencies to avoid the use of gender-specific language on website
content created after the effective date and to issue guidance to state agencies on complying
with these requirements. Just this month, Governor Hochul announced further actions to
strengthen New York State as a model employer for TGNCNB employees, including releasing
an email pronoun guide and guidance directing agencies to utilize a new standard sign for
single occupancy, gender-neutral bathrooms in state-owned or -operated facilities.
New York State can continue to strengthen its work in this area to ensure it isa model employer
to the TGNCNB community and an example for other employers throughout the state. The
Department recommends that New York State consider taking the following steps.
98
Bowen, “Work It, NYC: A Comprehensive Guide to LGBTQI+ Workplace Inclusivity.” Bowen.
Policy Recommendations
75
• Expand training and education opportunities for State staff about gender identity concepts,
protections, and best practices.
• Ensure that agencies integrate best practices on avoiding unnecessary gender specific
language into training for customer service staff.
o When providing services to the public, agencies can and should assess opportunities
for customers to indicate a chosen name and/or pronouns when relevant and
possible during customer service interactions and agency forms. When collecting
information on gender identity from both clients and employees, the state must be as
clear as possible as to the reason behind collecting the information.
• State employees can already utilize a chosen name in their work email address, business
cards, and other areas. However, there are many other employment-related systems that
employees use. The Department recommends New York State review employment-related
systems and processes that require name and gender information and look for opportunities
to expand the number of systems in which employees can utilize a chosen name, rather
than a legal name. Agencies should also assess hiring and onboarding processes to:
o Ensure that TGNCNB employees do not face unnecessary barriers concerning
deadnames.
o Better integrate an employee’s chosen name during orientation and account setup
wherever possible, rather than assuming from a job application how someone wants
to be addressed.
o Ensure employees and clients know where to access the gender-neutral restrooms
that are available in agency buildings.
• All state agencies must post their non-discrimination policies in a prominent location and
share with employees annually.
•
The New York State Gender Identity Toolkit includes information and guidance to agencies
on supporting a TGNCNB employee who is transitioning in the workplace. State agencies
should ensure that employees, particularly HR professionals, understand the requirements
of the Toolkit and know how to assist a TGNCNB employee with needs they may have
related to their transition, such as updating employment systems and requesting leave for
gender-affirming care. As outlined in the Gender Identity Toolkit, agencies should
emphasize that information about an employee’s gender identity, expression, sex assigned
at birth, medical information, and transgender identity constitutes confidential medical
information that is protected under various state and federal laws and cannot be shared
without the TGNCNB employee’s consent.
• Provide information regarding the legal name change and gender marker process in all
agency spaces available to the public.
Policy Recommendations
76
• New York State agencies provide health benefit plans that cover gender-affirming or
transition-related care. Agencies should ensure that employees know about these benefits
and how to access them and assess how benefits impact employees with diverse family
structures.
“As a trans person who is still in the process of receiving a legal name change order, I find that navigating
the job search and onboarding process is made more difficult by the lack of ability in some areas to declare a
preferred name. I think it is important for employers to have a preferred name and pronoun/gender policy and
how to refer properly to prospective employees should be established very quickly. Legal information should
be confined for trans people in these situations exclusively to HR's records or wherever else it is necessary.”
-- Public Comment submitted to NYS DOL from Trans Woman (MTF), White, Long Island
SIMPLIFY THE STATE PROCUREMENT PROCESS
The state procurement process is complicated and smaller organizations describe facing
barriers to applying or receiving contracts. As has been described in this report many TGNCNB
workers decide to work for themselves in various industries, to avoid discrimination and
microaggressions in predominately cisgender- work environments.
The Department recommends the state consider steps to make this process easier for TGNCNB
business owners, as well as any small company without a large legal team or contract expertise,
who would like to do business with the state:
• Adopting plain language in bid materials and application forms, where feasible.
• Providing better guidance during the application completion process, including plain
language responses to questions.
• Re-evaluating insurance requirements for certain contracts to reduce costs for small
businesses.
• Expand opportunities to submit documents virtually, rather than by mail.
• Conduct outreach targeting small business owners about the State’s MWBE certification
program to diversify the state’s contract awardees, including information about State
partners that provide technical assistance to applicants.
Policy Recommendations
77
REDUCE BARRIERS TO EMPLOYMENT DUE TO JUSTICE INVOLVEMENT
BAN THE BOX AND FAIR CHANCE ACT
TGNCNB individuals have a higher likelihood of being involved in the justice system than the
general population.
99
If someone has an arrest or criminal record, it becomes that much harder
to get employed due to restrictions of employment, and discrimination by employers.
“Engagement in sex work and the current criminal status of sex work are intricately tied to the
epidemic of violence that impacts transgender and non-binary people.”
100
“We need to alleviate a lot of things that are on our background checks. I don't believe that sex work should
be on our records.”
– Urban Dweller In-depth Interview conducted on behalf of NYS DOL, Trans Female, Black
In the past approximately ten years, “Ban the Box” (BTB) laws have become a popular piece of
legislation in states and municipalities across the US as an additional way to address
employment barriers experienced by justice-involved individuals. BTB laws prevent employers
from making candidates disclose arrests or convictions on job applications. This can help
prevent employers from pre-judging applicants based on their past criminal record and allows
candidates to disclose—at their discretion—their past arrests or convictions.
The BTB laws are enforced differently in different jurisdictions, but such laws generally only
allow employers to see an applicant’s criminal or arrest record after making a conditional offer to
the candidate. For the BTB law in NYC, called the Fair Chance Act and passed in 2015
101
if a
conviction is relevant to the line of work the applicant is applying to, the employer may reject the
candidate, but they must also notify the candidate of the reason they were rejected and give
them five days to respond. These laws emphasize the relevance of the setting and situation
surrounding the crime and possible rehabilitation.
New York State is among 37 other states, and over 150 cities and counties, where policymakers
have embraced BTB legislation for public government jobs.
102
In 2019, with the Fair Chance to
Compete for Jobs Act, the federal government passed the same law for federal public
employees and contractors. However, BTB laws for private employers have not made the same
progress. Only 15 states and 22 municipalities, including NYC, have passed BTB laws for
99
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.”
100
Human Rights Foundation, “Dismantling a Culture of Violence.” Human Rights Foundation.
101
“Fair Chance Act,” NYC Commission on Human Rights, accessed September 1, 2023,
https://www.nyc.gov/site/cchr/law/fair-chance-law.page. “Fair Chance Act.”
102
“Ban the Box: U.S. Cities, Counties, and States Adopt Fair Hiring Policies,” National Employment Law Project,
accessed October 6, 2023, https://www.nelp.org/publication/ban-the-box-fair-chance-hiring-state-and-local-guide/.
“Ban the Box.”
Policy Recommendations
78
private employers. Expanding BTB laws to the private sector in NYS could help remove one
more barrier to employment for justice-involved TGNCNB people.
More importantly, by signing the Clean Slate Act in November 2023, Governor Hochul has taken
an essential step in eliminating potential employment barriers experienced by TGNCNB New
Yorkers. Clean Slate requires the sealing of certain criminal records following an individual’s
release from any incarceration: eligible misdemeanor convictions will be sealed three years after
release, and eligible felony convictions will be sealed eight years after release – on the condition
that the individual convicted of the offense has not committed an additional crime in the
intervening period.
People who have been to prison lose an average of $484,400 in income over their lifetime, to
say nothing of the disproportionate number of people of color who have served time. TGNCNB
New Yorkers with these types of convictions will benefit from this reform. The presence of
criminal records enhances the already trying process of background checks for people of trans
experience.
Acknowledgements
79
ACKNOWLEDGE
MENTS
This report would not be possible without the over 380 TGNCNB community members who
shared their stories with the Department, as well as the 30+ community organizations,
academics, and professionals who shared their experiences and data. Commissioner Reardon
would like to thank:
❖ Governor Kathy Hochul and the Governor’s LGBTQ Constituency team. In particular:
▪ Ron Zacchi, Director, LGBTQ Affairs
▪ Chanel Lopez, Deputy Director, LGBTQ Affairs
❖ The Governor’s Office of Diversity and Inclusion. In particular:
▪ Priya Nair, Deputy Chief Diversity Officer
▪ Jea Frasier, Senior Policy Advisor for Diversity, Equity, and Inclusion
▪ Daniel Dobies, Marsha P. Johnson, Sylvia Rivera, and Edie Windsor LGBTQ+ Fellow
❖ The New York State Department of Labor’s Policy, Strategy and Research Team
❖ The New York State Division of Human Rights
❖ The New York State Department of Civil Service
❖ The New York State Department of Health
❖ New York Transgender Advocacy Group. In particular:
▪ Kiara St James, Founder and Co-Executive Director
❖ The New York State LGBT Health & Human Services Network. In particular:
▪ Vladimir Tlali, Director
▪ The TGNC Advocacy Committee
❖ The National Center for Transgender Equality and the US Trans Survey team
❖ Zebra Strategies
Acknowledgements
80
In addition, below is a list of organizations that the Department engaged with in preparation for,
and throughout this report. The Department acknowledges and appreciates these groups for
sharing their experiences and time.
❖ Adirondack North Country Gender Alliance
❖ Ali Forney Center
❖ Ts Candii, Black Trans Nation
❖ Capital Pride Center
❖ Destination Tomorrow
❖ Empire Justice Center
❖ Equality New York
❖ Gender Equality New York
❖ The Legal Aid Society
❖ The Lesbian Gay Bisexual Transgender Community Center (NYC)
❖ The LGBT Bar Association of Greater New York
❖ LGBTQ Program at the Volunteer Lawyers Project of Onondaga County
❖ The LOFT LGBTQ+ Community Center
❖ New Pride Agenda
❖ Pride at Work – Rochester Finger Lakes Chapter
❖ The Richard C. Failla LGBTQ Commission of the NYS Courts
❖ SAGE and the SAGE Center of Excellence
❖ Teri Wilhelm, TGNC Employment Navigator, Albany Damien Center
❖ TransNewYork, Inc
❖ Translatinx Network
❖ Williams Institute of UCLA Law School
❖ Whitman-Walker Institute
Appendices
81
APPENDI
C
ES
APPENDIX
I
: REPORT LEGISLATION
Appendices
82
APPENDIX II: TOOLS
REFERENCED IN THE REPORT THAT
ASK ABOUT
GENDER
NATIONAL ACADEMIES REPORT ON MEASURING SEX, GENDER IDENTITY AND
SEXUAL ORIENTATION: EXAMPLES OF TWO-STEP GENDER MEASURES
Appendices
83
Appendices
84
Appendices
85
Appendices
86
BRFSS TOOL
Appendices
87
APPENDIX III: 2022 BRFSS DATA SET
Appendices
88
APPENDIX IV: 2021 NETWORK NEEDS ASSESSMENT
TGNC EMPLOYMENT RESULTS
DATA SET
Table 1a. Gender (n=2,314)
Frequency
Percent
Cisgender male
638
28%
Cisgender female
812
35%
Transman
100
4%
Transwoman
Genderqueer, gender non-conforming, or
non-binary
Multiple or other genders
114
350
300
5%
15%
13%
Total
2,314
100%
Table 1b. Gender, collapsed (n=2,314)
Frequency
Percent
Cisgender male or female
1,450
63%
Transgender (male and female)
214
9%
Gender non-conforming, non-
binary, and other genders
650 28%
Total 2,314 100%
Table 2. Respondents in school at time of survey (n=2,288) ***
No
Yes
Total
Cisgender male
91%
9%
100%
Cisgender female
86%
14%
100%
Transman
63%
37%
100%
Transwoman
79%
21%
100%
Genderqueer, gender non-
conforming, or non-binary
68%
32%
100%
Multiple or other genders
68%
32%
100%
Total
81%
19%
100%
Appendices
89
Table 3. Highest level of education achieved (n=2,294) ***
Less than
high school
High school
Some
college
Associate’s
or technical
degree
Bachelor’s
degree
Graduate or
professional
degree
Total
Cisgender male
1%
5%
12%
7%
36%
37%
100%
Cisgender female
2%
5%
13%
10%
33%
38%
100%
Transman
12%
12%
24%
10%
18%
23%
100%
Transwoman
4%
14%
21%
15%
27%
19%
100%
Genderqueer, gender non-
conforming, or non-binary
10%
9%
15%
6%
32%
28%
100%
Multiple or other genders
15%
7%
17%
7%
30%
24%
100%
Total
5%
7%
14%
9%
32%
33%
100%
Table 4. Employment (n=2,264) ***
No, and I'm not
looking for work
No, but I
want to
work
No, I'm too
young to
work
No, I am
retired
Yes, I work
part-time
Yes, I work
full-time
Total
Cisgender male
3%
9%
0%
15%
10%
62%
100%
Cisgender female
3%
6%
1%
11%
12%
69%
100%
Transman
4%
21%
4%
3%
15%
52%
100%
Transwoman
7%
14%
0%
18%
18%
43%
100%
Genderqueer, gender non-
conforming, or non-binary
6%
16%
4%
5%
20%
49%
100%
Multiple or other genders
7%
21%
4%
2%
21%
44%
100%
Total
4%
11%
2%
10%
14%
59%
100%
Table 5. Income level (n=2,175) ***
$25K-
$75K-
$0
$1-$25K
$50K
$50K-$75
$100K
$100K +
Total
Cisgender male
3%
13%
21%
21%
15%
27%
100%
Cisgender female
3%
21%
27%
21%
14%
13%
100%
Transman
19%
33%
23%
14%
5%
6%
100%
Transwoman
4%
41%
22%
11%
13%
8%
100%
Genderqueer, gender non- conforming,
or non-binary
12%
37%
25%
18%
5%
3%
100%
Multiple or other genders
17%
39%
17%
12%
7%
7%
100%
Total
7%
25%
23%
19%
12%
14%
100%
Appendices
90
Table 6. Self-rated Health (n=2,309) ***
Question: Would you say that in
general your health is:
Poor +
Fair
Poor
Fair
Good
Very Good
Excellent
Total
Cisgender male (n=636)
12%
1%
11%
32%
41%
14%
100%
Cisgender female (n=810)
17%
2%
15%
37%
36%
11%
100%
Transman (n=100)
25%
6%
19%
30%
32%
13%
100%
Transwoman (n=114)
25%
5%
19%
32%
35%
9%
100%
Genderqueer, gender non-
conforming, or non-binary (n=349)
30%
7%
23%
35%
29%
6%
100%
Multiple or other genders (n=300)
29%
7%
21%
35%
31%
5%
100%
Total (n=2,309)
20%
4%
16%
34%
36%
10%
100%
Table 7. Self-rated Quality of Life (n=2,310) ***
Question: How would you rate your
quality of life?
Poor + Fair
Poor
Fair
Good
Very Good
Excellent
Total
Cisgender male (n=636)
8%
2%
7%
26%
48%
17%
100%
Cisgender female (n=810)
10%
1%
9%
25%
49%
16%
100%
Transman (n=100)
13%
1%
12%
34%
43%
10%
100%
Transwoman (n=114)
23%
4%
19%
36%
29%
12%
100%
Genderqueer, gender non-
conforming, or non-binary (n=349)
21%
2%
19%
33%
38%
8%
100%
Multiple or other genders (n=300)
22%
3%
19%
39%
32%
7%
100%
Total (n=2,310)
14%
2%
12%
29%
44%
14%
100%
Appendices
91
Table 8a. Mental Health, Chronic Conditions, and Major Health Events, by Gender
% Of
respondents
affected by the
condition
% Affected
who sought
care for the
condition
% Who
sought care
for chronic
conditions
and received
it
% Who
sought care
for the
chronic
conditions
but did not
receive
care
% Affected by
the condition
who did not
receive care,
whether they
sought care
or not
Mental Health*** (n=2,273)
Cisgender male
62.1%
67.9%
91.6%
8.4%
37.8%
Cisgender female
76.6%
75.3%
91.6%
8.4%
31.1%
Transgender male
76.3%
85.1%
90.5%
9.5%
23.0%
Transgender female
80.2%
83.1%
91.9%
8.1%
23.6%
Genderqueer, gender
nonconforming, or non-binary
93.6%
80.7%
92.3%
7.7%
25.5%
Multiple or other genders
93.3%
83.0%
86.1%
13.9%
28.5%
Total 77.5% 76.7% 90.7% 9.3% 30.4%
Chronic Conditions*** (n=2,253)
Cisgender male
39.6%
95.9%
96.6%
3.4%
7.3%
Cisgender female
45.0%
92.5%
93.4%
6.6%
13.6%
Transgender male
42.7%
87.8%
97.2%
2.8%
14.6%
Transgender female
43.6%
87.5%
97.6%
2.4%
14.6%
Genderqueer, gender
nonconforming, or non-binary
42.6%
81.7%
94.8%
5.2%
22.5%
Multiple or other genders
38.5%
83.9%
89.4%
10.6%
25.0%
Total 42.2% 90.3% 94.4% 5.6% 14.7%
Major Health Events (n=2,248)
Cisgender male
23.3%
86.2%
92.8%
7.2%
20.0%
Cisgender female
18.1%
88.8%
95.3%
4.7%
15.4%
Transgender male
18.8%
72.2%
92.3%
7.7%
33.3%
Transgender female
24.5%
81.5%
86.4%
13.6%
29.6%
Genderqueer, gender
nonconforming, or non-binary
19.2%
84.6%
94.5%
5.5%
20.0%
Multiple or other genders
20.8%
85.0%
86.3%
13.7%
26.7%
Total 20.4% 85.8% 92.6% 7.4% 20.5%
Appendices
92
Table 8b. Reproductive Health, Job-related Issues, and Environmental Health, by Gender
% Who sought care for the
% Of
respondents
affected by the
condition
% Affected
who sought
care for the
condition
% Who
sought care
for chronic
conditions
and received
it
% Who
sought care
for the
chronic
conditions
but did not
receive
care
% Affected by
the condition
who did not
receive care,
whether they
sought care
or not
Reproductive Health*** (n=2,268)
Cisgender male
2.9%
88.9%
100.0%
0.0%
11.1%
Cisgender female
33.0%
85.7%
93.4%
6.6%
20.0%
Transgender male
18.2%
83.3%
80.0%
20.0%
33.3%
Transgender female
12.6%
78.6%
100.0%
0.0%
21.4%
Genderqueer, gender
nonconforming, or non-binary
27.2%
75.3%
90.0%
10.0%
32.3%
Multiple or other genders
25.8%
73.3%
85.5%
14.5%
37.3%
Total 21.3% 81.6% 91.6% 8.4% 25.3%
Job-related Issues** (2,243)
Cisgender male
7.6%
53.2%
52.0%
48.0%
72.3%
Cisgender female
10.9%
64.7%
80.0%
20.0%
48.2%
Transgender male
16.2%
62.5%
50.0%
50.0%
68.8%
Transgender female
14.2%
60.0%
66.7%
33.3%
60.0%
Genderqueer, gender
nonconforming, or non-binary
15.4%
61.5%
68.8%
31.3%
57.7%
Multiple or other genders
13.4%
53.8%
52.4%
47.6%
71.8%
Total 11.4% 59.8% 66.4% 33.6% 60.2%
Environmental Health*** (2,281)
Cisgender male
7.9%
60.0%
73.3%
26.7%
56.0%
Cisgender female
15.0%
66.1%
85.0%
15.0%
43.8%
Transgender male
21.2%
71.4%
73.3%
26.7%
47.6%
Transgender female
15.2%
76.5%
76.9%
23.1%
41.2%
Genderqueer, gender
nonconforming, or non-binary
22.4%
59.2%
71.1%
28.9%
57.9%
Multiple or other genders
21.7%
60.9%
76.9%
23.1%
53.1%
Total 15.3% 63.6% 77.9% 22.1% 50.4%
Appendices
93
Table 8c. Abuse in Relationships or the Family and Substance
Abuse in Relationships or the Family***
(n=2,257)
Cisgender male
4.0%
40.0%
80.0%
20.0%
68.0%
Cisgender female
7.8%
45.2%
82.1%
17.9%
62.9%
Transgender male
11.5%
54.5%
66.7%
33.3%
63.6%
Transgender female
11.9%
53.8%
57.1%
42.9%
69.2%
Genderqueer, gender
nonconforming, or non-binary
16.2%
61.1%
81.8%
18.2%
50.0%
Multiple or other genders
15.9%
58.7%
59.3%
40.7%
65.2%
Total 9.3% 52.6% 73.9% 26.1% 61.1%
Substance Use** (n=2,244)
Cisgender male
11.3%
45.7%
87.5%
12.5%
60.0%
Cisgender female
6.3%
42.0%
100.0%
0.0%
58.0%
Transgender male
14.4%
35.7%
60.0%
40.0%
78.6%
Transgender female
13.0%
35.7%
100.0%
0.0%
64.3%
Genderqueer, gender
nonconforming, or non-binary
10.7%
25.0%
77.8%
22.2%
80.6%
Multiple or other genders
7.9%
26.1%
100.0%
0.0%
73.9%
Total 9.2% 37.7% 89.7% 10.3% 66.2%
% Of
respondents
affected by the
condition
% Affected
who sought
care for the
condition
% Who
sought care
for chronic
conditions
and received
it
% Who
sought care
for the
chronic
conditions
but did not
receive
care
% Affected by
the condition
who did not
receive care,
whether they
sought care
or not
Appendices
94
Respondents who reported that they were affected by job-related issues in the past 12 months were
asked why types of services they sought. Of 2,342 respondents, 147 sought the following services
for job-related issues.
Table 9. Services sought by respondents reporting job-related issues or concerns (n=147)
Cisgender male
or female
Transgender
male or
transgender
female
Gender
nonconformin
g and other
non-
binary
identities
Total %
(n=80)
(n=19)
(n=53)
(out of 152)
Medical, non-ER
48.8%
42.1%
43.4%
46.1%
Legal Services
25.0%
36.8%
39.6%
31.6%
Counseling or Mental Health Services
13.8%
0.0%
13.2%
11.8%
Medical, ER
12.5%
10.5%
7.5%
10.5%
Human resources or harassment complaints
5.0%
15.8%
7.5%
7.2%
Social Services
5.0%
0.0%
3.8%
3.9%
Disabilities or other workplace accommodations
2.5%
5.3%
1.9%
2.6%
Regulatory compliance
2.5%
0.0%
0.0%
1.3%
Ethical
0.0%
0.0%
1.9%
0.7%
Union Representation / began unionizing
0.0%
0.0%
1.9%
0.7%
Table 10. Respondents who sought unemployment benefits**
Table 11. Respondents who received unemployment benefits when they sought the benefits
No
Yes
Total
Cisgender male or female
35 (16%)
185 (84%)
220 (100%)
Transgender male or transgender
female
4 (14%)
25 (86%)
29 (100%)
Gender non-conforming and other non-
binary identities
26 (20%)
106 (80%)
132 (100%)
Total
1,824 (17%)
381 (83%)
2,205 (100%)
No
Yes
Total
Cisgender male or female 1,167 (84%)
220 (16%)
1,387 (100%)
Transgender male or transgender female
176 (86%)
29 (14%)
205 (100%)
Gender non-conforming and other non-binary indentities
481 (78%)
132 (22%)
613 (100%)
Total 1,824 (83%)
381 (17%)
2,205 (100%)
Appendices
95
APPENDIX V: NEW YORK STATE
DEPARTMENT OF LABOR COMMENT
ON ADDING SOGI QUESTIONS TO ACS
Kathy Hochul, Governor
Roberta Reardon, Commissioner
November 15, 2023
Ms. Elizabeth Poehler
Assistance Division Chief for Survey Methods
American Community Survey
US Census Bureau
4600 Silver Hill Road
Washington, DC 20233
Re: Docket No. USBC-2023-007
American Community Survey SOGI Test
Dear Ms. Poehler:
The New York State Department of Labor (NYSDOL) appreciates the opportunity to respond to the
Census Bureau’s request for public comment on the proposed revision of the American Community
Survey (ACS) Methods Panel Tests to include questions regarding sexual orientation and gender
identity (SOGI). NYSDOL is the primary source of labor market information in New York State (NYS),
administering and producing data for various federal statistical programs in cooperation with the
U.S. Bureau of Labor Statistics and the Census Bureau. NYSDOL staff analyzes information from the
ACS and Current Population Survey (CPS) to provide data on current economic trends, labor supply,
and wages to fellow state agencies, organizations, universities, and the public.
Necessity of information collection.
NYSDOL strongly supports collecting sexual orientation and gender identity data on the ACS.
Collecting data on different populations allows policy development to address disparities between
different groups. The National Academies of Sciences, Engineering, and Medicine’s (NASEM) 2022
report on SOGI data collection found that the lack of data collected on sexual orientation and the
transgender, gender non-conforming, and non-binary (TGNCNB) population has led to shortcomings
in policy making.
1
The report included recommendations to improve the quality of data collection
efforts and make advancements in research and policy. Those recommendations include questions
for data collection on sexual orientation, gender identity, and non-binary individuals.
1
National Academies of Sciences, Engineering, and Medicine, Measuring Sex, Gender Identity, and Sexual Orientation, ed.
Nancy Bates, Marshall Chin, and Tara Becker (Washington, DC: National Academies Press, 2022).
Appendices
96
Recent state legislation required NYSDOL to conduct a study on the employment rate of transgender
individuals in New York.
2
As a result of the limited availability of government-backed data sources
inclusive of gender identity, NYSDOL was limited to reporting on the experimental data from the
Household Pulse Survey (HPS), and the CDC’s Behavioral Risk Factor Surveillance System (BRFSS)
survey, which is not statistically comparable to other economic indicator surveys. To better fulfill the
spirit of the legislation, if not the explicit directive, NYSDOL also leaned on data gathered from the
TGNCNB community itself via focus groups, in-depth interviews, and a request for public comment,
as well as two TGNCNB-targeted population surveys (the 2015 U.S. Trans Survey from the National
Center for Transgender Equality, and the 2021 NYS LGBT Health & Human Services Network’s
Needs Assessment). Our research found TGNCNB individuals do not have the same employment
opportunities or resources as their cis-gender counterparts.
3
,
4
Adding SOGI questions to the ACS would provide the most robust dataset available regarding
employment statistics, needs, and trends within LGBTQ+ communities.
NYDSOL supports testing SOGI questions on the ACS to ensure valid and consistent quantitative data
is available for the creation of meaningful policy development at the national and state level.
Enhance the quality, utility, and clarity of the information to be collected.
NYSDOL supports the two-question approach to asking about gender identity and believes it is
currently the best method for accurately capturing data on TGNCNB individuals. The proposed test
questions regarding sexual orientation are in line with NASEM’s recommendations, and NYSDOL
supports NASEM’s findings. Our recent
research concentrated on gender identity as was mandated by the state legislature. The agency’s
expertise in the challenges created by the lack of SOGI data collection is therefore concentrated in
gender identity.
NYSDOL recognizes the inherent challenges with collecting data on sexual orientation and gender
identity. Any list of specific identities will be reductive and fail to encompass all potential sexualities
and genders. NYSDOL also recognizes the sensitivity around asking an individual of trans experience
their assigned sex at birth. Researchers, such as those at NASEM, have found such questions can
invalidate and harm a person of trans experience’s affirmed identity.
5
Based on research for
NYSDOL’s report on TGNCNB New Yorker’s Employment Experiences, data quality depends on
building trust with survey respondents. NYSDOL recommends the ACS test questions regarding
2
Governor’s Press Office, “Governor Hochul Signs Legislation Aimed at Addressing Economic Inequities Facing
Transgender New Yorkers | Governor Kathy Hochul,” New York Governor Kathy Hochul, August 2022,
https://www.governor.ny.gov/news/governor-hochul-signs-legislation-aimed-addressing-economic-inequities-facing-
transgender-new.
3
James, S. E., Herman, J. L., Rankin, S., Keisling, M., Mottet, L., & Anafi, M., “USTS Full Report 2015,” U.S.
Transgender Survey (Washington, DC: National Center for Transgender Equality, 2016).
4
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “New York State LGBTQ+ Health and Human Services Needs
Assessment: 2021 Community Survey” (The New York State Network for LGBTQ Health and Human Services, 2022).
5
National Academies of Sciences, Engineering, and Medicine, Measuring Sex, Gender Identity, and Sexual
Orientation, ed. Nancy Bates, Marshall Chin, and Tara Becker (Washington, DC: National Academies Press, 2022),
http://nap.nationalacademies.org/26424.
Appendices
97
assigned sex at birth and current gender identity be prefaced with a description of why the questions
are being asked, how the information gathered will be used, and an acknowledgement that the list of
potential gender identities is not exhaustive.
6
NYSDOL also supports the addition of “non-binary” as an option in the Census Bureau’s proposal. A
2021 Needs Assessment conducted by the New York State LGBT Health and Human Services
Network found that LGBTQ+ people under the age of 35 in New York are increasingly identifying as
non-binary and gender non-conforming.
7
I recommend expanding the non-binary test answer to
include gender non-conforming to more accurately capture those outside the binary. As young,
gender diverse individuals continue to age into the workforce, gender diversity will only become more
relevant in labor and other statistics produced. NYSDOL supports NASEM’s recommendation to re-
evaluate questions on gender identity frequently as social understanding of gender is constantly
evolving.
8
Should it adopt SOGI questions on the ACS, I recommend the Census Bureau annually
review and update the terms included as responses to the gender identity question.
Minimize the reporting burden.
NYSDOL supports the proposed use of flashcards for in-person interviews and numbered response
categories for in-person or telephone interviews. I believe it is essential to allow individuals to answer
accurately without having to audibly disclose their sexual orientation or gender identity to others in
the room. Depending on family or co-living dynamics, individuals may not be comfortable being out in
their household.
NYSDOL acknowledges that proxy reporting can present challenges and create a reporting burden on
survey respondents. Accurate proxy reporting of gender identity and sexual orientation related
questions requires individuals be able to speak to another’s identity and so it might be reported
incorrectly.
9
NYSDOL recommends adding an acknowledgement of these challenges upfront to
respondents to establish trust and encourage truthful responses.
Finally, to further reduce the burden on the respondents, NYSDOL recommends any SOGI question
be voluntary. There has been a significant rise in anti-LGBTQ+ legislation in states across the U.S. in
the past five years.
10
The qualitative research conducted by NYSDOL with the TGNCNB community
found that uncertainty around future leadership at the federal executive level leaves some LGBTQ+
individuals feeling unsafe sharing gender identity and sexual orientation information with the
government.
6
Jessica L Holzberg et al., “Assessing the Feasibility of Asking About Gender Identity in the Current Population
Survey: Results from Focus Groups with Members of the Transgender Population” (Washington, DC: Office of Survey
Methods Research, U.S. Bureau of Labor Statistics, April 2018),
https://www.census.gov/content/dam/Census/library/working- papers/2018/adrm/rsm2018-05.pdf.
7
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J, “Network Needs Assessment.”
8
National Academies of Sciences, Engineering, and Medicine, Measuring Sex, Gender Identity, and Sexual
Orientation.
9
Holzberg et al., “Asking About Gender on CPS.”
10
Trans Legislation Tracker, “2023 Anti-Trans Bills: Trans Legislation Tracker,” Trans Legislation Tracker,
https://translegislation.com.
Appendices
98
As the main resource of employment related data and analyses in New York State, NYSDOL
reiterates the need for access to a large, statistically sound dataset regarding the LGBTQ+ and
TGNCNB population. As conversations about adding SOGI questions to federal surveys continues, I
believe it is extremely important to talk to and work with the LGBTQ+ community to produce data
that is relevant, correct, and culturally competent. Testing SOGI questions in the 2024 ACS is a step
in the right direction toward adding sexual orientation and gender identity questions to all federal
population- representative surveys so all states can, in earnest, measure the employment statistics
and the realities of LGBTQ+ and TGNCNB communities.
Thank you for the opportunity to submit a public comment on the proposed revision of the American
Community Survey (ACS) Methods Panel Tests to include questions regarding sexual orientation and
gender identity (SOGI).
Sincerely,
Roberta Reardon Commissioner
RR/ls
Appendices
99
APPENDIX V
I
: WORKS CITED
LITERATURE REVIEW
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https://translanguageprimer.com/agab/.
Baboolall, David, Sarah Greenberg, Maurice Obeid, and Jill Zucker. “Being Transgender at
Work.” McKinsey Quarterly, November 2021. https://www.mckinsey.com/featured-
insights/diversity-and-inclusion/being-transgender-at-work.
“Ban the Box: U.S. Cities, Counties, and States Adopt Fair Hiring Policies.” National
Employment Law Project. Accessed October 6, 2023. https://www.nelp.org/publication/ban-the-
box-fair-chance-hiring-state-and-local-guide/.
Bowen, Andrea. “Work It, NYC: A Comprehensive Guide to LGBTQI+ Workplace Inclusivity”
(NYC Unity Project & NYC Center for Youth Employment, June 2023).
https://lgbtqwork.cityofnewyork.us/DOH_Unity_Project_Workforce_Manual.pdf.
“Current Measures of Sexual Orientation and Gender Identity in Federal Surveys.” Federal
Interagency Working Group on Improving Measurement of Sexual Orientation and Gender
Identity in Federal Surveys, August 2016.
Diaz, Jaclyn. “New York Repeals ‘Walking While Trans’ Law.” NPR, February 2021, sec. Law.
https://www.npr.org/2021/02/03/963513022/new-york-repeals-walking-while-trans-law.
“Fair Chance Act.” NYC Commission on Human Rights. Accessed September 1, 2023.
https://www.nyc.gov/site/cchr/law/fair-chance-law.page.
Fidas, Deena, and Liz Cooper. “A Workplace Divided: Understanding the Climate for LGBTQ
Workers Nationwide” (Human Rights Campaign Foundation, June 2018). https://hrc-prod-
requests.s3-us-west-2.amazonaws.com/files/assets/resources/AWorkplaceDivided-2018.pdf.
Fitzgerald, Erin, Sarah Elspeth, M Ed, Darby Hickey, and Harper Jean Tobin. “Meaningful Work:
Transgender Experiences in the Sex Trade.” National Center for Transgender Equality,
December 2015.
Glass, Aurelia, Sharita Gruberg, and Caroline Medina. “New Opportunities for the Biden-Harris
Administration To Create Good Jobs for LGBTQI+ Workers.” Center for American Progress,
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administration-to-create-good-jobs-for-lgbtqi-workers/.
“Glossary of Terms.” Human Rights Campaign, n.d. https://www.hrc.org/resources/glossary-of-
terms.
Appendices
100
Governor’s Press Office. “Governor Hochul Signs Legislation Aimed at Addressing Economic
Inequities Facing Transgender New Yorkers | Governor Kathy Hochul.” New York Governor
Kathy Hochul, August 2022. https://www.governor.ny.gov/news/governor-hochul-signs-
legislation-aimed-addressing-economic-inequities-facing-transgender-new.
———. “Governor Hochul Signs Legislation in Honor of LGBTQ+ Pride Month and Empowers
New York State Agencies to Provide More Support to LGBTQ+ New Yorkers | Governor Kathy
Hochul.” governor.ny.gov, June 2022. https://www.governor.ny.gov/news/governor-hochul-
signs-legislation-honor-lgbtq-pride-month-and-empowers-new-york-state-agencies.
Guidry JA, Hou EP, Lopez M, and Hatch M, Otting J,. “New York State LGBTQ+ Health and
Human Services Needs Assessment: 2021 Community Survey” (The New York State Network
for LGBTQ Health and Human Services, 2022).
Herman, Jody L, Andrew R Flores, and Kathryn K O’Neill. “How Many Adults and Youth Identify
as Transgender in the United States?” Williams Institute, UCLA School of Law, June 2022.
https://williamsinstitute.law.ucla.edu/wp-content/uploads/Trans-Pop-Update-Jun-2022.pdf.
Heyward, Giulia. “NY Designates State a ‘Safe Haven’ for Trans Youth, Families and Health
Providers - Gothamist.” News. Gothamist, June 2023. https://gothamist.com/news/ny-
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