First introduced 16 years ago in 2003, GENDA is short for Gender Expression Non-Discrimination Act—a new law in the state of New York, which finally passed in January of 2019. In short, this act formally includes gender identity and gender expression as protected classes, protecting them from discrimination and harassment. This means it’s officially illegal to discriminate on those bases for employment purposes in the state of New York. This law also prohibits discrimination for other purposes, including housing and public accommodation. It also amends the state’s hate crimes law to include protections for these groups.
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The New York State Senate page summarizes the bill as follows[i]:
“Prohibits discrimination based on gender identity or expression; defines “gender identity or expression” as having or being perceived as having a gender identity, self-image, appearance, behavior or expression whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth; further includes offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes.”
Employers not doing business in New York should still remain informed about this legislative landmark. Many other already states have similar provisions and more are sure to be proposed and adopted in the future. Additionally, many states already specifically include transgender and gender non-conforming people in their existing civil rights laws, without the need for a separate piece of legislation.
Other Forms of Legislation Have Stopped Short
Proponents of these laws have pointed out for years that these protections are long overdue. They protect individuals who have long faced increased rates of discrimination (both inside and outside of the workplace), violence, and harassment. While it has been argued in the past that existing gender anti-discrimination laws—including Title VII of the Civil Rights Act—already cover gender identity or expression by default, they have not always been upheld in that way. As such, it makes sense to provide more explicit protections. It has also been argued that such rights exist under other related human rights or sexual orientation laws, but again, they’re not always upheld as such, even when the wording of the law may provide an avenue. GENDA will give these individuals in New York a clearer legal remedy if they face such a situation.
From an HR perspective, it’s important to ensure that your existing anti-discrimination and anti-harassment training includes information about these protected classes. It would also be worthwhile to ensure that existing policies related to bullying or workplace violence include such provisions if other protected groups are spelled out.
While not yet codified at the federal level, these laws are in place in many states and cities and other jurisdictions and more are being introduced. What actions does your organization take currently to ensure that gender identity and expression are protected from harassment and discrimination?
[i] https://www.nysenate.gov/legislation/bills/2019/s1047
Bridget Miller is a business consultant with a specialized MBA in International Economics and Management, which provides a unique perspective on business challenges. She’s been working in the corporate world for over 15 years, with experience across multiple diverse departments including HR, sales, marketing, IT, commercial development, and training.