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Overview: New York state has enacted legislation (Assembly Bill 747) that expressly prohibits employers with four or more employees from discriminating against individuals because of their gender identity or expression. Assembly Bill 747 takes effect on February 24, 2019.
Effective Date: February 24, 2019
Details:
New York State Human Rights Law prohibits employers with four or more employees from discriminating against individuals on the basis of their age, race, creed (including religion), color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status.
The state had previously issued regulations that indicated that the prohibition on sex discrimination also includes gender identity and transgender status.
Assembly 747:
Assembly Bill 747 amends the New York State Human Rights Law to expressly prohibit discrimination on the basis of 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, transgender status.
Action Required: Covered employers should ensure that their nondiscrimination and anti-harassment policies include gender identity and expression (including transgender status) as a protected characteristic, and should train employees on the new law. Additionally dress code, code of conduct, and other policies should be evaluated to determine whether they should be updated.
As always, please be sure to contact your dedicated service professional if you have any questions.
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