Two individuals and an institution filed a lawsuit against the New York State Office of Temporary and Disability Assistance (OTDA) on March 29 for gender discrimination after it allegedly failed to provide an “X” gender option for applicants.
Applicants in the state must declare their gender to receive Medicaid, food stamps, and other public assistance. The plaintiffs, who say they are nonbinary (someone who identifies as neither gender), said OTDA is refusing to update its computer system, compelling nonbinary applicants to either lie under oath or be denied benefits. As state and municipal policies in New York recognize the gender “X” on identification documentation, the plaintiffs argue OTDA has violated the state constitution as well as state and local anti-discrimination laws.
