Current Version
| Region | New York |
| Issue | Bathroom access |
| Status | Protected |
| Start Date | Jan 25, 2019 |
| End Date | (none) |
| Description | On January 25, 2019, the New York State Human Rights Law (HRL) was amended to explicitly include “gender identity or expression” as a protected class in all areas of jurisdiction, including employment, places of public accommodation, public and private housing, educational institutions and credit. N.Y. Exec. L §§ 296 & 296-a. This amendment is known as the Gender Expression Non-Discrimination Act (GENDA). GENDA 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.” Exec. L. § 292(35). Unlawful discrimination because of gender identity or expression can include: • Questions about gender identity or expression, or assigned sex at birth, such as in a job or housing interview; • Refusing to hire for a job or to rent an apartment; • Denying equal access to places of public accommodation, to a school, or to credit; • Terminating employment or housing; • Denying the use of restrooms or other facilities consistent with a person’s gender identity or expression; • Asking a transgender person to use a single-occupancy restroom because of someone else’s concerns; • Requiring individuals to show medical or other documents in order to use facilities, such as restrooms, locker rooms or residential facilities, consistent with their gender identity or expression; • Utilizing grooming, uniform or appearance standards based on sex stereotypes; • Providing benefits, leave or reasonable accommodations that differ based on gender; • Refusing to use an individual’s requested name or pronouns in verbal communication or documentation; • Subjecting an individual to harassment at work, school or places of public accommodation, or in connection with housing; |
| Sources | https://dhr.ny.gov/system/files/documents/2026/07/2026-genda-guidance_2.pdf |
Revision History (1)
created by nyelvtheelv
Helpful?
0 | Original entry | |
|---|---|
| Status | Protected |
| Start Date | Jan 25, 2019 |
| End Date | (none) |
| Description | On January 25, 2019, the New York State Human Rights Law (HRL) was amended to explicitly include “gender identity or expression” as a protected class in all areas of jurisdiction, including employment, places of public accommodation, public and private housing, educational institutions and credit. N.Y. Exec. L §§ 296 & 296-a. This amendment is known as the Gender Expression Non-Discrimination Act (GENDA). GENDA 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.” Exec. L. § 292(35). Unlawful discrimination because of gender identity or expression can include: • Questions about gender identity or expression, or assigned sex at birth, such as in a job or housing interview; • Refusing to hire for a job or to rent an apartment; • Denying equal access to places of public accommodation, to a school, or to credit; • Terminating employment or housing; • Denying the use of restrooms or other facilities consistent with a person’s gender identity or expression; • Asking a transgender person to use a single-occupancy restroom because of someone else’s concerns; • Requiring individuals to show medical or other documents in order to use facilities, such as restrooms, locker rooms or residential facilities, consistent with their gender identity or expression; • Utilizing grooming, uniform or appearance standards based on sex stereotypes; • Providing benefits, leave or reasonable accommodations that differ based on gender; • Refusing to use an individual’s requested name or pronouns in verbal communication or documentation; • Subjecting an individual to harassment at work, school or places of public accommodation, or in connection with housing; |
| Sources | https://dhr.ny.gov/system/files/documents/2026/07/2026-genda-guidance_2.pdf |