While in various states of the country at this time more than 490 local and state laws have appeared that are classified as hostile to the LGBTQ+ collective, on the contrary in New York in the last 24 months it has been reinforced through laws and agreements, several protections for a community that continues to raise its flags against discrimination, especially in the workplace.
But in reality, particularly in Hispanic-majority neighborhoods and spaces in the Big Apple, in many cases the path is starting “from scratch” so that some Latin American communities are just beginning to articulate respect and non-discrimination for specific members. of this collective.
The road ahead seems much more complicated and full of obstacles for transgender and non-binary people, who also continue to walk through territories with few quality job opportunities.
“In the rest of the country, a speech and new laws that are a real setback are sadly advancing at this moment. But here in New York, despite the regulatory frameworks, culturally there is a lot to do with Latino families. One feels an absolute rejection of issues such as inclusive language. Follow the mockery The harassment of our collective continues at work,” concludes Haze Hernández, a Salvadoran who perceives himself as a non-binary trans masculine.
Haze knows what she’s talking about. He immigrated twelve years ago from Central America when he was just a child and is currently involved in outreach work in Hispanic-majority localities, from the Oasis Community Pride Center, which provides services that promote the health of Latino communities.
“I see all of this as an opportunity to educate about what trans people really are. We have always existed. What happens is that now we are more visible through social networks. It is very complicated, sometimes almost impossible, for a trans person here in New York to find it easy to get a good job, with health insurance. Our personal challenge is to continue connecting and educating”, she assured.
NY continue to legislate in favor, but…
The New York City Council and the State Assembly have taken great protective steps to provide an “umbrella” against discrimination for trans and non-binary groups. And more recently, investments have been announced to open up more employment opportunities in union jobs.
Until now, although it is valued that battles continue to be won in the legal and institutional field, in practice, the cycle of discrimination is far from having a pause.
In the popular imagination, there are still stigmas to overcome. The trans collective has been wrongly labeled as individuals who by definition suffer from emotional imbalances, who are only able to perform certain types of work. And, but still, that they are called to practice prostitution almost naturally.
To put this situation further in context, if the cisgender female population is still fighting for equal pay to men and against forms of harassment in work environments, the trans community is only just appearing in some public discussions.
This is confirmed by Wendel Oviedo, a Venezuelan activist who defends the rights of the LGBTQ collective, who is a founding member of the América Diversa organization: “Any balance in labor matters for our trans, Hispanic, immigrant and even more recently arrived community must always be seen from the perspective of how machismo continues to be part of the culture of some neighborhoods in Queens, with a Hispanic majority. To cite just one example”.
In this sense, Wendel, who defines himself as non-binary, considers that only large corporations and institutions respect New York values and public policies of non-discrimination based on sexual orientation and identity in the workplace.
Based on new data from the National Household Pulse Survey (HPS), which examines the economic security and labor market experiences of LGBTQIA+ communities, transgender respondents experienced rock-bottom job occupancy rates. If contrasted with other groups within the sex diversity.
In 2022, the ‘trans’ community reported in the crossover of several surveys having had to be forced to apply much more proportionally to unemployment insurance, compared to other groups.
When mockery is normal
When you look at small businesses, which are potentially the biggest “employers” for people who have barriers with language and immigration legalization, then there is a double wall, almost impossible for people of gender diversity to cross.
“First, it is very difficult for them to give you a job when they barely perceive you differently. Second, the type of work that immigrants start, such as cleaning or restaurants, is still dominated by environments of much ridicule and harassment, despite the fact that there are laws that protect us, ”she said.
The young activist says that in many cases, trans women in their need to survive, must undergo a kind of mutation, to be able to work in places where “by definition” being honest with their sexual condition is a ticket to being the center of verbal attacks.
That is, to access well-paid jobs, they must temporarily vary their gender expression. Which means changing the appearance with which they feel comfortable, to bet on permanence in a job.
“If a trans woman works in a kitchen that is generally dominated by Hispanics, she is unlikely to not have a history of overtly discriminatory comments. And since we generally come fleeing from countries where this is normal, many think that here they have no rights. And that is what we must reinforce: That there are legal frameworks here that protect us!”, asserted the Venezuelan.
According to reports from the Center for American Progress, “for decades, compared to the general population, LGBTQI+ people have faced a greater risk of experiencing economic insecurities, such as higher rates of poverty, unemployment, and use of public benefits.” .
Even before the pandemic, various statistical evidences reveal that LGBTQ households made up of people of color were more likely than other families to experience food insecurity, job loss, significant financial challenges, and barriers to accessing healthcare.
At this moment, as Wendell points out, in none of these statistics, there are not even approximations of the avalanche of LGBTQ immigrants, recent arrivals, who, because they do not have papers, do not have access to certain social programs either. Therefore, survival ends up being a much heavier cross to bear.
In NYC there are protections
According to the codes of the New York City Commission on Human Rights, LGBTQ people must receive equal treatment in the workplace. It is illegal, treatment rooted in stereotypes about masculinity and femininity.
For example, employees cannot be told that they should dress “like a woman” or that their behavior “is not masculine enough”.
It is also illegal to mandate dress codes, uniform requirements, or grooming standards that impose differences based on gender.
For transgender and gender non-conforming people, they do not have to show “proof” of their gender to exercise their right to be addressed by the name and pronoun of their choice or their right to use the bathroom, locker room, and other facilities divided by sex that most closely match your gender identity or expression.
The Big Apple Bill of Rights also makes it clear that when providing benefits to its employees, it is illegal for an employer to discriminate against them based on their sex or sexual orientation.
In addition, employers that offer health benefits to the spouses of their employees must offer benefits to same-sex spouses. As well as benefits that cover medical care related to gender transition.
“You just don’t get hired”
But knowing full well her rights, Uruguayan transgender woman Michelle Ugas, a resident of Jackson Heights, shares that for the past 10 years she has tried to get a job for which she feels qualified. So far, she has not been successful.
“When the average employer sees your stamp. And he just presumes that you are trans, he makes excuses. They just don’t hire you. The laws say one thing, that they are very beautiful. But, how to combat the backwardness of the mentality of the people. Let’s still be clear to many, even to our own relatives, we are a strange thing. And I, a 60-year-old woman, doubt that I will witness a change in mentality, ”she said.
In the Big Apple, the cradle of civil rights for the LGBTQ community and with a long history of inclusion actions to break these histories of employment discrimination, last October the Council announced budgetary support for the ‘Pride at Work’ initiative. , as a lever for more people from the gay, lesbian and trans community to access quality unionized jobs.
It is the first association of its kind that is financed with public funds in the whole country.
Under the leadership of Councilwoman Crystal Hudson, a member of the City Hall LGBTQIA+ Caucus, it was agreed to include $501,000 in the City’s budget for fiscal year 2023, to lay the foundation for this project.
In this sense, ‘Pride at Work’ will provide funds to non-profit organizations and City agencies to recruit people from this group and prepare them for jobs such as construction, services and educational certifications.
Along with small initiatives, union organizations, trade and business associations have been lining up to sensitize local businessmen about the need to break stereotypes with trans and non-binary people.
“There are a whole series of local and state laws that recognize us. But I insist, the big underlying problem is the machismo rooted in our Latino communities. And those cultural barriers will always be the most difficult to break down,” concludes Wendel Oviedo, spokesperson for América Diversa.
Queens celebrates diversity this Sunday
- The Queens Gay Pride Parade and Multicultural Festival is the second oldest and second largest in NYC.
- Since 1993, it has been held annually on the first Sunday in June, at 37th Avenue in Jackson Heights.
- This Sunday June 4 will be held from 12 pm to 6:00 pm the 31st edition celebrating diversity in this county.
- The route runs from 89th Street to 75th Street. This year’s festival features artists Julian King, Lolita Leopard and Masterz at Work Dance.
- Clarifying terms:
- Transgender: Describes people whose gender identity differs from the sex they were assigned at birth. It is important to keep in mind that being transgender does not depend on physical appearance or medical procedures. A person can call themselves transgender the moment they realize that their gender identity is different from the sex they were assigned at birth.