3 things to know about LGBTQIA++ discrimination at work in New York

In New York, the fight against workplace discrimination, particularly against individuals in the LGBTQIA++ community, has been a significant focus, underscored by legal protections and evolving understandings of gender identity and expression. The New York State Division of Human Rights upholds these protections. 

Consider these three critical points regarding LGBTQIA++ discrimination in New York workplaces:

Comprehensive legal protections

In 2019, New York’s Human Rights Law was expanded through the Gender Expression Non-Discrimination Act. GENDA explicitly added gender identity or expression as a protected category under this law. As a result, discrimination based on gender identity or expression is strictly prohibited in various areas, including employment.

Definition of gender identity and expression

The law defines gender identity or expression as a person’s actual or perceived gender-related identity, appearance, behavior, expression or other gender-related characteristics, regardless of the sex assigned at birth. This definition is inclusive of various identities, including transgender individuals, those with gender dysphoria, gender non-conforming individuals and non-binary persons. 

Prohibited discriminatory practices

The New York State Division of Human Rights outlines specific discriminatory practices prohibited under the Human Rights Law. These include inquiring about a person’s gender identity or expression, sex assigned at birth, medical history or body parts during job interviews or in employment decisions. 

Employees in New York can count on the state law to protect them from discrimination or harassment based on their gender or gender identity. Any employee who’s faced issues at work because of those factors can take steps to get them to stop. Working with someone familiar with this law may be beneficial.

super lawyers
New York County Lawyers Association
New York City Bar
NELA Advocates for Employee Rights National Employment Lawyers Association
lead counsel lc verified