The laws of New York state have protected workers from discrimination in employment on the basis of gender identity and gender expression since 2016, thanks to regulations issued by the state’s Division of Human Rights (DHR). New York City’s antidiscrimination law expressly identifies discrimination on the basis of gender identity or gender expression as a form of sex discrimination. It is one of the few laws in the nation to address the issue in unambiguous terms. The New York Legislature passed S1047/A747, known as the Gender Expression Non-Discrimination Act (GENDA), on January 15. The governor signed it into law on January 25. The bill amends the New York State Human Rights Law (NYSHRL) to include gender identity and expression as a distinct protected category in employment, education, housing, and use of public accommodations.
The New York City Human Rights Law (NYCHRL) prohibits discrimination in employment and other areas on the basis of gender and defines “gender” to include “actual or perceived…gender-related characteristic[s], regardless of the sex assigned to that person at birth.” N.Y.C. Admin. Code §§ 8-102, 8-107(1)(a). This includes gender identity and expression. At the state level, the DHR exercised its authority under the NYSHRL to “promulgate…suitable rules and regulations to carry out the [statute’s] provisions” in late 2015. N.Y. Exec. L. § 295(5). It issued regulations, which took effect in January 2016, adding “gender identity and the status of being transgender” to the NYSHRL’s definition of “sex.” 9 N.Y.C.R.R. § 466.13(c), N.Y. Exec. L. § 296(1)(a). The statute’s prohibition on discrimination and harassment on the basis of sex therefore also applies to gender identity.
GENDA amends multiple sections of the NYSHRL to add “gender identity or expression” as a protected category on equal footing with sex, race, age, religion, disability, and others. It defines the term as any “identity, appearance, behavior, expression, or other gender-related characteristic,” whether “actual or perceived,” and “regardless of the sex assigned to that person at birth.” S1047/A747 at § 3. This includes transgender status, but also other gender identities or forms of gender expression. GENDA also adds gender identity or expression to the Penal Law section defining hate crimes.
About a year before signing GENDA into law, the Governor of New York took another important step regarding protection from discrimination on the basis of gender identity and gender expression. Executive Order 177, signed on February 3, 2018, requires state agencies and certain public-benefit corporations, referred to as “Affected State Entities,” to “amend their procurement procedures.” Affected State Entities may not do business with businesses that tolerate or fail to prohibit discrimination based on “gender identity, transgender status, gender dysphoria,” or other categories protected by state law.
The employment lawyers at Phillips & Associates advocate for the rights of job applicants, employees, and former employees in New York City in claims for unlawful workplace practices like gender identity and gender expression discrimination. Please contact us today at (212) 248-7431 or online to schedule a free and confidential consultation to discuss your case.