Judge says New York state law protects transgendered people
By JIM FITZGERALD
Originally printed 8-24-2006 (Issue 1434 - Between The Lines News)
WHITE PLAINS, New York (AP) - A cook who claims he was fired by a fancy restaurant when co-workers discovered he was a woman living as a man is protected by New York state's human rights law, a judge has ruled.
State Supreme Court Justice Joan Lefkowitz held that although discrimination against a transgender person is not specifically listed in the law - which does mention racial discrimination, religious discrimination and sexual discrimination - it is covered nonetheless.
The ruling applies statewide and marks another victory for the transgender community. It builds on previous state court decisions holding that New York City's human rights law covered transgender people even before it was changed to specifically mention them.
The ruling also means that Eric Buffong's $3 million lawsuit can now go forward.
"Transgender" is an umbrella term that covers cross-dressers, transsexuals and other people whose outward appearance does not match their gender at birth. Whether they were protected across the state "really wasn't settled law before this," Louis Ginsberg, Buffong's attorney, said Friday.
His client, a 27-year-old from White Plains, was born Erica but changed his name seven years ago and lives as a man.
Buffong was working at the jacket-required Equus restaurant in Tarrytown until a co-worker found a high school yearbook photo showing him as a woman. Buffong said Friday he did not know right away that his secret had been discovered, but gradually caught on when he was mocked by fellow employees, his name was changed to Erica on the work schedule, his hours were cut and he was fired within four months in 2005.
"I was really good at my job, the best," he said. "But suddenly nothing I did was good enough." After he was fired, he said, a colleague told him about the photo.
Castle on the Hudson, the hotel that houses Equus, had asked the judge to dismiss the case.
The judge's ruling, posted Aug. 11, noted the previous court decisions involving New York City's human rights law.
"It's certainly a positive development," Ginsberg said. Buffong said he was happy to be part of a precedent.
"I try my best to support people like myself," he said. He said he is now working for a company that runs kitchens in corporate offices.
The restaurant's lawyer, Robert Pitkofsky, did not return a call seeking comment. Executive chef David Haviland denied that Buffong was fired for being transgender.
"We are good people, and we wouldn't do anything that is unscrupulous like that," he told the News.
No court date has been set for the case.
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