NYS Legislative Agenda: Enact the Gender Expression Nondiscrimination Act (GENDA)

Enact the Gender Expression Nondiscrimination Act (GENDA)

Although New York State’s Human Rights Law prohibits discrimination based on sex and sexual orientation, these categories do not explicitly and adequately protect individuals who are discriminated against because of their actual or perceived gender identity or expression, such as transgendered persons. The City Bar supports the passage of the Gender Expression Nondiscrimination Act (GENDA) which adds “gender identity and expression” to the list of categories protected under various statutes prohibiting discrimination by the state and/or in employment, education, housing, and public accommodations. While Governor Cuomo has issued an executive order directing the State Division on Human Rights to issue regulations interpreting the Human Rights Law as prohibiting discrimination on the basis of gender identity or expression, they may be vulnerable to judicial interpretation and can be rescinded by future governors. Enactment of GENDA remains a key step in protecting transgender and gender non-conforming people in their employment and housing, and protecting their safety, so that they can enjoy the financial and social stability necessary to become fully integrated and productive members of their communities.

OUTCOMES

Signed by the Governor, Chp. 8 (January 25, 2019)