Cameron Mukherjee testifies on under-enforcement and explicit statutory reference
Cameron Mukherjee, a Fordham Law student, says 140,000 intersex New Yorkers face under-enforcement because the protection is only in guidance. He says Intro 131 is a simple amendment that clarifies the law without creating new liability.
Can you hear me?
Good afternoon.
Thank you to the chairs, Councilmember Nurse and Councilmember Hanif, for giving us the opportunity to speak about this key legislation today.
And of course, thank you to Councilmember Kaban for introducing it.
My name is Cameron Mukherjee, and I'm a third-year student in Fordham Law School and participate in our legislative advocacy clinic, which is part of Lincoln Square Legal Services.
For the last two years, we have partnered with Interact, an intersex advocacy group, and its executive director, Erica Lorschba.
You have heard from many intersex individuals about their experiences facing discrimination and indignity merely because of who they are.
Approximately 140,000 New Yorkers are intersex, and they deal with similar struggles every day.
By explicitly protecting intersex people from discrimination, the Council will be making a lasting statement that New York City values their dignity no less than any other.
Today, I want to discuss why passing Intro 131 is not just the right thing to do.
It is a simple, common sense, and effective policy for solving a widespread under-enforcement problem.
Intersex people are technically protected by the human rights law due to interpretive enforcement guidance published by the commission.
However, the absence of an explicit statutory reference to discrimination based on intersex traits has left them vulnerable.
For example, even though this interpretation was adopted in 2015, most intersex New Yorkers still have no knowledge that this protection exists.
People cannot bring a complaint before the commission to enforce rights they are completely unaware of.
The same is true of those subject to obligation.
under discrimination law.
Employers and service providers are not on sufficient notice that discrimination against intersex individuals is prohibited by the guidance.
This is especially concerning given the current assault on LGBTQIA plus people and their rights across the country.
Indeed, even the existing guidance is unstable, since it could be changed in an instant by a new commissioner.
Through a simple amendment, Intro 131 would rectify this gap in meaningful enforcement and compliance by explicitly prohibiting discrimination on the basis of a person's sex characteristics, including intersex traits.
The change does not create a new liability regime or alter the Commission's enforcement tools.
It merely clarifies the law to ensure that intersex New Yorkers are unequivocally protected.
We appreciate the Commission's support for this clarification, and we welcome the Council to follow suit.
This small legislative change will strengthen compliance, make intersex individuals more aware of their rights, and enhance the ability of the Commission to remedy intersex discrimination.
To codify and strengthen protections for this far too often overlooked segment of New Yorkers, we urge the committee to report this bill to the full council for consideration.
Thank you.
I would also like to pass up copies of my testimony.