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GENDER IDENTITY PROTECTION IN NEW YORK STATE
The Division of Human Rights (DHR or Division) is the agency charged with the enforcement of
the New York State Human Rights Law (HRL). The passage of GENDA makes clear to all New
Yorkers that discrimination based on gender identity or expression is unlawful and that victims
have recourse at DHR to vindicate their rights. DHR provides an efficient and cost-free process
in which complaints alleging discrimination are promptly investigated and adjudicated, with
monetary and other remedies awarded by DHR when discrimination is found.
As early as 1977, it was recognized by a New York court that sex discrimination claims under
the Human Rights Law may be brought by individuals alleging discrimination because of their
gender identity. In Richards v. U.S. Tennis Association, 93 Misc.2d 713 (Sup.Ct. N.Y. Co.
1977), the Court held a requirement that plaintiff, a professional tennis player who had
undergone gender affirming surgery, pass the sex-chromatin test in order to be eligible to
participate in the women’s tournament was grossly unfair, discriminatory and inequitable, and
violated plaintiff's rights under the New York Human Rights Law.
Since 1976, DHR has maintained a policy of accepting complaints alleging discrimination on the
basis of gender identity or expression, under the protected classes of sex and, where
appropriate, disability. In 2016, DHR adopted regulations to further protect individuals
discriminated against based on their gender identity, which enshrined DHR’s longstanding
practice of accepting HRL complaints alleging discrimination because of gender identity or
expression. 9 NYCRR § 466.13.
The DHR regulations make clear that in New York, gender dysphoria is considered a medical
condition that falls within the broad definition of disability under the HRL. 9 NYCRR 466.13(d).
Individuals with disabilities are entitled to reasonable accommodations in employment as long
as it does not impose an undue hardship to the employer—a stark contrast to federal disability
discrimination law, which excludes medical conditions related to gender identity or expression.
In 2018, the New York State Appellate Division recognized that a woman who identified as
transgender had been discriminated against on the basis of sex and disability. In Advanced
Recovery, Inc. v. Fuller, 162 A.D.3d 659 (2d Dept. 2018), the complainant worked as an auto
mechanic. During her employment, she was diagnosed with gender dysphoria and transitioned
to female. She began wearing clothing traditionally considered female. After complainant
presented her supervisor with a court order changing her legal name to Erin Fuller, she was
terminated. She was told her “job would be waiting for [her] as long as [she] c[a]me in wearing
normal clothes.” The employer failed to issue her final paycheck in her legal name. The Court
upheld the Division’s Final Order in its entirety.
Effective February 24, 2019, GENDA provides that “gender identity or expression” is a protected
characteristic. The Division will continue to vigorously enforce the rights of transgender and
gender non-conforming people on the basis of gender identity or expression, sex, and disability,
and will liberally construe the provisions of the Human Rights Law as mandated by the statute.
N.Y. Exec. L. § 300.