New York City and State Expand Protections for Transgender, Non-Binary, Gender Non-Conforming Workers

From Jackson Lewis PC, Council of Industry Associate Member
By Michelle E. Phillips, Richard I. Greenberg and Christopher M. Repole

GENDA Enacted in New York State

The new NYCHRL rules follow New York State’s enactment of GENDA, which adds “gender identity or expression” as protected categories in the New York State Human Rights Law (NYSHRL). The NYSHRL now defines “gender identity or expression” as “a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-based characteristic regardless of the sex assigned to that person at birth, including but not limited to the status of being transgender.” Under existing protections in the NYSHRL, employers found liable for discrimination may be responsible for back pay and compensatory damages.

Next Steps for Employers

Taken together, these changes in City and State law provide robust protections against discrimination based on gender identity or gender expression. Employers should consider the following to avoid liability under the new rules:
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