The New York City Human Rights Law already prohibits discrimination based
on gender identity or expression.
Now, after years of debate, the New York State Legislature passed the
Gender Expression Non-Discrimination Act ("GENDA"), which would amend the New York State Human Rights Law to also expressly
prohibit discrimination on the basis of gender identity or expression.
Under GENDA, gender identity or expression is defined as "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
Governor Cuomo is expected to sign the bill shortly and the law will be
effective 30 days after he signs. Under the New York State Human Rights
Law, employees who successfully establish claims of discrimination are
entitled to back pay and compensatory damages.