Human Rights Law Protections for Gender Identity & Expression

In 1945, the New York State Legislature passed what was the first civil rights law in the country. This law—which is now known as the Human Rights Law — prohibits discrimination in employment, housing, credit, places of public accommodation, internships, domestic services, volunteer firefighting, and non-sectarian educational institutions. In 2019, the Human Rights Law was amended through the Gender Expression Non-Discrimination Act (GENDA) to explicitly add gender identity or expression as a protected category.  Discrimination on the basis of gender identity or expression is prohibited in all areas covered by the Human Rights Law.
 

What Does the Law Cover?
Discrimination on the basis of gender identity or expression is prohibited in all areas covered by the Human Rights Law, including employment, housing, places of public accommodation, non-religious schools, and more

What Is Gender Identity or Expression?
Gender identity or expression means a person's actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender. A transgender person is an individual who has a gender identity different from the sex assigned to that individual at birth. Gender dysphoria is a recognized medical condition related to an individual having a gender identity different from the sex assigned at birth. Gender non-conforming is a term used to describe a person whose gender expression differs from gender stereotypes, norms, and expectations in a given culture or historical period. Non-binary is term used to describe a person who does not identify as exclusively male or female.

What Is Prohibited by the Law?
Unlawful discrimination based on gender identity or expression can include:

questions about gender identity or expression, an individual's sex assigned at birth, medical history, or body parts in a job or housing interview

refusing to hire for a job, to rent an apartment or to allow equal access to credit, a public accommodation, or a school

terminating employment or housing

applying different terms or conditions of employment, of a lease, of credit or of service in a public establishment

denying the use of rest rooms, locker rooms, or other facilities consistent with a person's gender identity

requiring grooming, uniform, or appearance standards based on sex stereotypes

If you believe that you have been discriminated against because of your gender identity, you can file a complaint with the New York State Division of Human Rights. A complaint must be filed with the Division within one year for alleged acts of discrimination that occurred before February 15, 2024.  Complaints for acts of discrimination that occur on or after February 15, 2024 may be filed within three years of the alleged act.  If you are alleging sexual harassment in the workplace that occurred after 8/12/2020, you may file within three years from the most recent incident. 

Call us at 1-888-392- 3644 to discuss your situation.

Gender Identity Discrimination & Fair Housing Video