New York Employment Law Update – February 2019

Gender Expression Non-Discrimination Act

On January 25, 2019, New York Governor Andrew Cuomo signed legislation (S.B. 1047) enacting the state’s Gender Expression Non-Discrimination Act (GENDA). The law expands the state’s current laws by prohibiting employers (along with education institutions, landlords, creditors, and more) from discriminating against individuals on the basis of gender identity or expression. Under the law, gender identity or expression is 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.

The law is effective February 25, 2019.

Read the press release and S.B. 1047

New York City Protections for Employee Sexual and Reproductive Health Choices

On January 20, 2019, the New York City Council amended the city’s Human Rights Law by adding protections against employment discrimination, harassment, or violence based on an individual’s sexual and reproductive health choices. Under the amendments, sexual and reproductive health decisions are any decision by an individual to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions. Such services include, but are not limited to:

• Fertility-related medical procedures.
• Sexually transmitted disease prevention, testing, and treatment.
• Family planning services and counseling, such as birth control drugs and supplies, emergency contraception, sterilization procedures, pregnancy testing, and abortion.

The law is effective May 20, 2019.

Read the amendments