IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN NEW YORK
On January 25, 2019, Governor Andrew Cuomo signed the Gender Expression Non-Discrimination Act (“GENDA” or “Law”).
The Law goes into effect on February 25, 2019.
GENDA amends the New York State Human Rights law (“NYSHRL”) to make it an unlawful discriminatory practice for an employer with four or more employees to discriminate against an individual because of that person’s “gender identity or 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 characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.”
GENDA also amends the NYSHRL to prohibit harassment based on “sexual orientation, gender identity or expression.”
o Review employee handbooks and current non-discrimination policies, and update the language to encompass this new protected class.
o Train human resources personnel and supervisors/managers on any changes made to current employee handbooks and non-discrimination policies to ensure compliance with the new Law.