Gender Identity Discrimination Prohibited in New York

January 28, 2019

New York Governor Andrew Cuomo recently signed into law the Gender Expression Non-Discrimination Act (“GENDA”) which amends New York State Human Rights Law to make discrimination in employment, housing and public accommodations based on gender identity or expression — including transgender status — unlawful. GENDA defines “gender identity or expression” as a person’s “actual or perceived gender-related identity, appearance, behavior, expression or other gender-based characteristics regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.” In addition, the law adds protections on the basis of gender identity to the state’s hate crime laws and explicitly prohibits gender conversion therapy. The law applies to New York employers with more than four employees in the state and goes into effect February 24, 2019.

Additional information on the law can be found here.

If you have any questions, please email

The proceeding information is provided for informational purposes only, should not be construed as or relied upon as legal advice and is subject to change without notice. If you have questions concerning particular situations, specific payroll administration or labor relations issues, please contact your counsel.

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