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 being transgender."
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.