New York Human Rights Law

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The New York Human Rights Law (NYHRL) is article 15 of the Executive Law (which is itself chapter 18 of the Consolidated Laws of New York) which prohibits discrimination on the basis of "age, race, creed, color, national origin, sexual orientation, military status, sex, marital status or disability" in employment, housing, education, credit, and access to public accommodations [1] The law was originally passed in 1945 as the Law Against Discrimination, [2] and was the first of its kind in the United States. [3] It is enforced by the New York State Division of Human Rights.

The Sexual Orientation Non-Discrimination Act passed in 2002 added "sexual orientation"; the Gender Expression Non-Discrimination Act is a bill that passed the New York state legislature in January 2019, to explicitly add "gender identity or expression".

See also

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<span class="mw-page-title-main">LGBT rights in Michigan</span>

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<span class="mw-page-title-main">LGBT rights in Minnesota</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Minnesota have the same legal rights as non-LGBT people. Minnesota became the first U.S. state to outlaw discrimination based on sexual orientation and gender identity in 1993, protecting LGBT people from discrimination in the fields of employment, housing, and public accommodations. In 2013, the state legalized same-sex marriage, after a bill allowing such marriages was passed by the Minnesota Legislature and subsequently signed into law by Governor Mark Dayton. This followed a 2012 ballot measure in which voters rejected constitutionally banning same-sex marriage.

<span class="mw-page-title-main">LGBT rights in New Jersey</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of New Jersey have the same legal rights as non-LGBT people. LGBT individuals in New Jersey enjoy strong protections from discrimination, and have had the same marriage rights as heterosexual people since October 21, 2013.

<span class="mw-page-title-main">LGBT rights in New York</span>

The U.S. state of New York has generally been seen as socially liberal in regard to lesbian, gay, bisexual, and transgender (LGBT) rights. LGBT travel guide Queer in the World states, "The fabulosity of Gay New York is unrivaled on Earth, and queer culture seeps into every corner of its five boroughs". The advocacy movement for LGBT rights in the state has been dated as far back as 1969 during the Stonewall riots in New York City. Same-sex sexual activity between consenting adults has been legal since the New York v. Onofre case in 1980. Same-sex marriage has been legal statewide since 2011, with some cities recognizing domestic partnerships between same-sex couples since 1998. Discrimination protections in credit, housing, employment, education, and public accommodation have explicitly included sexual orientation since 2003 and gender identity or expression since 2019. Transgender people in the state legally do not have to undergo sex reassignment surgery to change their sex or gender on official documents since 2014. In addition, both conversion therapy on minors and the gay and trans panic defense have been banned since 2019. Since 2021, commercial surrogacy has been legally available within New York State.

<span class="mw-page-title-main">LGBT rights in Connecticut</span>

The establishment of lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Connecticut is a recent phenomenon, with most advances in LGBT rights taking place in the late 20th century and early 21st century. Connecticut was the second U.S. state to enact two major pieces of pro-LGBT legislation; the repeal of the sodomy law in 1971 and the legalization of same-sex marriage in 2008. State law bans unfair discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations, and both conversion therapy and the gay panic defense are outlawed in the state.

<span class="mw-page-title-main">LGBT rights in Hawaii</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Hawaii enjoy the same rights as non-LGBT people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.

<span class="mw-page-title-main">LGBT rights in Pennsylvania</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Pennsylvania enjoy most of the same rights as non-LGBT people. Same-sex sexual activity is legal in Pennsylvania. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. Pennsylvania was the final Mid-Atlantic state without same-sex marriage, indeed lacking any form of same-sex recognition law until its statutory ban was overturned on May 20, 2014.

<span class="mw-page-title-main">LGBT rights in Alaska</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Alaska have evolved significantly over the years. Since 1980, same-sex sexual conduct has been allowed, and same-sex couples can marry since October 2014. The state offers few legal protections against discrimination on the basis of sexual orientation and gender identity, leaving LGBT people vulnerable to discrimination in housing and public accommodations; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. In addition, four Alaskan cities, Anchorage, Juneau, Sitka and Ketchikan, representing about 46% of the state population, have passed discrimination protections for housing and public accommodations.

The Sexual Orientation Non-Discrimination Act (SONDA) is a New York law which prohibits discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, education, credit, and the exercise of civil rights. Passed in 2002, SONDA added the term "sexual orientation" to the list of specifically protected characteristics in various state laws, including the Human Rights Law, the Civil Rights Law, and the Education Law.

The Gender Expression Non-Discrimination Act (GENDA) is a 2019 New York law which added gender identity and gender expression to the state's human rights and hate crimes laws as protected classes; banned discrimination in employment, housing, and public accommodations based on gender identity and gender expression; and provided enhanced penalties for bias-motivated crimes. GENDA was first introduced in 2003. The bill passed the New York State Assembly every year from 2008 to 2019, but did not receive a floor vote in the New York State Senate until January 2019. It was passed by each house of the New York State Legislature on January 15, 2019, and New York Gov. Andrew Cuomo signed it into law on January 25, 2019.

<span class="mw-page-title-main">LGBT employment discrimination in the United States</span>

LGBT employment discrimination in the United States is illegal under Title VII of the Civil Rights Act of 1964; employment discrimination on the basis of sexual orientation or gender identity is encompassed by the law's prohibition of employment discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020), employment protections for LGBT people were patchwork; several states and localities explicitly prohibit harassment and bias in employment decisions on the basis of sexual orientation and/or gender identity, although some only cover public employees. Prior to the Bostock decision, the Equal Employment Opportunity Commission (EEOC) interpreted Title VII to cover LGBT employees; the EEOC determined that transgender employees were protected under Title VII in 2012, and extended the protection to encompass sexual orientation in 2015.

References

  1. N.Y. Executive Law §§291, 296-a (McKinney 2005)
  2. Holland v. Edwards, 282 A.D. 353, 357 (N.Y. App. Div. 1953)
  3. "Mission Statement | New York State Division of Human Rights". dhr.ny.gov. Retrieved 2021-04-27.