Transit Authority Transgender Hijinks
Housing Works lawyers took a bite out of the Transit Authority’s attempts to evade New York City’s Human Rights Law
On Thursday, lawyers for a transgender woman once again rebutted the New York City Transit Authority (NYCTA)’s absurd claim that it is exempt from the city’s Human Rights law in the case of Bumpus v. New York City Transit Authority, this time on appeal.
As Bumpus’s supporters looked on, Housing Works Staff Attorney Robert Bacigalupi rebutted the specious argument that because the NYCTA is a special hybrid government entity, it is exempt from New York City Human Rights law. That law provides widespread anti-discrimination protections to transgender people, among others. The NYCTA was defending its employee Lorna Smith, who is being sued by Bumpus for gender discrimination.
Housing Works has won this argument before. In February 2008 in a ruling against the NYCTA, Justice Robert J. Miller explained: “The Human Rights Law affords protection to transgender people in New York City. By riding the subway, a transgender person doesn’t become less of a person and lose the protection of the Human Rights Law.”
This case is now almost three years old. In July 2006, when Bumpus waited to take the subway to work, she was subjected to an ugly ten-minute homophobic and transphobic tirade by Smith, which led two passengers to further harass Bumpus when she got off the train. Bumpus experienced more transphobia when she tried to complain to an MTA supervisor, who repeatedly referred to Bumpus as “sir” after she clearly identified herself as a woman.
Housing Works’ legal team filed the lawsuit against the employee for gender discrimination and against the Transit Authority for negligent supervision, training and retention of its employees.
“I am cautiously optimistic that justice will be served,” Bacigalupi said.
Posted on March 26, 2009 at 7:08 pm
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