You Can Now Choose a Bathroom In NYC Based on Gender Identity

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Executive Order protects the right of every New Yorker to use City single-sex facilities consistent with their gender identity

NEW YORK—Mayor Bill de Blasio today signed an Executive Order requiring City agencies to ensure that employees and members of the public are given access to City single-sex facilities consistent with their gender identity, without being required to show identification, medical documentation, or any other form of proof or verification of gender.

“Every New Yorker should feel safe and welcome in our city – and this starts with our City buildings. Access to bathrooms and other single-sex facilities is a fundamental human right that should not be restricted or denied to anyone. New York City is proud to enforce one of the strongest human rights laws in the country, which protects the rights of transgender and gender non-conforming individuals to live freely and with respect,” said Mayor Bill de Blasio.

Mayor de Blasio said, “Today’s order makes it clear that New York City fully supports the right of every New Yorker to use the single-sex facility consistent with their gender identity. New York City is the birthplace of the fight for LGBT rights, and we continue to lead in that fight so every New Yorker can live with dignity.”

The Executive Order follows recent legal enforcement guidance issued by the NYC Commission on Human Rights, which clarifies that any employer, housing provider or public accommodation that denies access to bathroom or single sex facilities based on gender identity can be prosecuted for violating the NYC Human Rights Law. Gender identity has been a protected class under the Law since 2002, when it was added to the NYC Human Rights Law following an amendment sponsored by then Council Member Bill de Blasio.

The new Executive Order applies to City-owned buildings, including City agency offices, public parks, pools, playgrounds, certain museums and recreation centers. The Executive Order allows all individuals, including NYC’s approximately 25,000 transgender and gender non-conforming individuals, to freely use City single-sex facilities consistent with their gender identity.

In a nationwide survey conducted by the National Center for Transgender Equality and the National Gay and Lesbian Task Force, one in four respondents reported being denied equal treatment or service in government agencies or when interacting with City officials, in retail stores, and in doctor’s offices or hospitals. 22 percent reported being denied access to appropriate bathrooms at work, and 26 percent reported being denied access to bathrooms in an educational setting.

(Photo source: SacBee)

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