In an unprecedented move. New York Attorney General Eric T. Schneiderman sent a letter to Saks Fifth Avenue, demanding that Saks provide documents on all existing anti-discrimination policies that apply to Saks employees in New York. The demand also asked Saks to detail how it allows employees to file harassment or discrimination complaints, and to outline training materials it uses to educate its employees on workplace harassment. Federal and New York law protects employees from discrimination based on sex stereotypes (which captures gender identity), while New York City law explicitly bans discrimination based on both sex and gender identity.
Schneiderman did this in connection with a Texas lawsuit filed by a transgender person against Saks. I cannot recall a similar case where an attorney general in another state demanded such access to human resources documents without a complaint of discrimination being file with the attorney general. He did this, no doubt, to bolster his chances of becoming New York’s next governor in 2018. Further, Schneiderman hates Cuomo and no doubt would enjoy embarrassing Cuomo over Cuomo’s inability to get a gender identity law passed in New Your State.