Our partnerships make our work possible. The first State LGBTQ+ Business Climate Index released in 2019 was funded by a grant from the Gill Foundation. The Index is based on data graciously shared by the Movement Advancement Project and the Williams Institute. Ropes & Gray is our pro bono legal partner for the CEO Business Briefs globally, and their research informs this Index. FCB partnered with us to conduct original market research into American attitudes toward LGBTQ+ workplace inclusion, informing the Regional Context section of the State CEO Briefs. America Competes supported the development of the scoring for the Risk Assessments, particularly for the Future Risk score.

Out Leadership and FCB partnered on original market research into the attitudes of American workers on LGBT+ inclusion, which fielded in 2019 and 2020. These briefs as a whole will be updated on an ongoing basis by Out Leadership because we recognize the ever-changing nature of policy on the local, state, and national level.

The Northeast has the lowest percentage of those who are out at work (49.6%). LGBT+ workers in urban environments, however, do feel slightly more comfortable talking about their personal lives vs. urban LGBT+ workers for the rest of the country (17% more likely than nationwide). Workers in this region are more likely to hear or engage in negative conversations about LGBT+ people at work. Particularly for the non-LGBT+ group, which is 23% more likely to report observing or experiencing negative conversations about LGBT+ people vs the nation as a whole. Despite being more likely to hear negative conversations at work, workers in this region are the least likely to say that they hear this negativity from state leadership. They are 61% less likely to report that leadership in their state talks about LGBT+ people in predominantly negative terms. Like most regions, there is a strong difference between urban and rural audiences, especially for the self-rated importance of team diversity when looking for jobs. LGBT+/Allies living in Rural areas care the least about diverse teams when looking for jobs (49% less likely than nationwide). Finally, audiences in the Northeast were 20% more likely to list “Supporting LGBT+ Pride celebrations” as one of their top three ways businesses can demonstrate their support for the community.

Unless otherwise noted, all comparisons for more or less likely are compared to the National results. Regional results are based off of 1,500 respondents (LGBT+ and Non-LGBT+ responses have been weighted to be age-representative for each audience in each region). National results are based off of 600 respondents representative of each audience (LGBT+ vs Non-LGBT+).

States in the Northeast region included: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont.

Legal Status of the Lesbian, Gay, and Bisexual Community

• New York has comprehensive state laws that prohibit discrimination on the basis of sexual orientation or gender identity in employment, housing, public accommodations, education, credit, and the exercise of civil rights.
• New York state law also prohibits discrimination against state employees on the basis of sexual orientation and gender identity or expression.
• Children in foster care are protected from discrimination on the basis of sexual orientation or gender identity or expression.
• New York law permits adoptions by LGBT+ individuals and same-sex couples. It also prohibits adoption agencies from discriminating against same-sex couples on the basis of religious beliefs.
• New York does not have a state Religious Freedom Restoration Act.
• New York does not have a criminal statute that specifically punishes people with an HIV diagnosis for nondisclosure prior to sexual conduct. However, under New York’s general criminal laws — such as reckless endangerment and assault laws — it is possible to prosecute an HIV-positive person for nondisclosure of HIV status prior to sexual conduct. In recent years, there has been at least one criminal prosecution for HIV nondisclosure in New York.
• New York’s state hate crimes law covers crimes performed on the basis of sexual orientation or gender identity.
• Conversion therapy for minors is banned. There was a proposal in 2019 to repeal the ban in New York City to circumvent a federal lawsuit with the potential to invalidate it, but that didn’t end up happening.

Legal Status of the Transgender and Gender-Diverse Communities

• To update the gender marker on a driver’s license, an individual must provide a letter signed by a physician, psychologist, or psychiatrist, life counselor, social worker, or other professional on their letterhead certifying the applicant’s gender of male or female.
• To update the gender marker on a birth certificate, an individual must submit, among other documents, a notarized “affidavit of gender error” signed by the individual and a notarized affidavit from a physician, nurse practitioner, or physician assistant confirming that the applicant has undergone appropriate clinical treatment for gender affirmation. Gender confirmation surgery is not required.
• New York law prohibits exclusions for transgender care under both private health insurance and Medicaid. Insurance plans regulated by the state must cover medically necessary treatment for individuals diagnosed with gender dysphoria.
• The requirement for Medicaid to cover gender dysphoria treatment extends to people of all genders, including those who identify as nonbinary.
• People can use restrooms that align with their gender identity.

Government Statements and Actions

• New York City death certificates added a nonbinary option in 2020.
• A May 2019 federal district court decision rejected a lawsuit by a Christian adoption agency (New Hope Family Services) that sought to maintain a policy based on its religious beliefs of not recommending or placing children with same-sex couple or unmarried different-sex couples.
• In July 2019, Governor Cuomo mandated that all insurers in the state completely cover PrEP.
• In June 2019, Cuomo banned the gay and trans panic defense in the state’s legal system
• New York’s Governor and U.S. Senators views are pro LGBT+, but that’s not always the case for New York State Senators or Assembly members. For example, LGBTQ affirming legislation has had a fairly long history of failing to move in the state Senate, and only 1 of 63 state Senators is openly LGBTQ.