New York Extends Civil Rights Protections to Gays and Lesbians
January 2003
The Sexual Orientation Non-Discrimination
Act, which took effect January 16, 2003, amends the New York State Human Rights
Law to prohibit discrimination in employment, housing, public accommodations,
education, and credit on the basis of sexual orientation. Employers affected
by this legislation should ensure that their policies are updated and that antiharassment
training makes explicit reference to the inclusion of this new protected class.
by Paul
J. Siegel, Esq.
Jackson Lewis
LLP
Three hours after the New York State Senate voted 34 to 26 on December 17,
2002, in its favor, Governor George Pataki signed into law a bill prohibiting
discrimination on the basis of sexual orientation. The Sexual Orientation Non-Discrimination
Act, which took effect 30 days from enactment, or January 16, 2003, amends the
New York State Human Rights Law to prohibit discrimination in employment, housing,
public accommodations, education, and credit on the basis of sexual orientation.
Prior to the Act’s passage, the Human Rights Law granted protection against
discrimination to individuals only on the basis of race, sex, creed, color,
national origin, disability, age, and marital status.
Under the Act, “sexual orientation” is defined to include heterosexuality,
homosexuality, and bisexuality, or asexuality. A claim for sexual orientation
discrimination under the Human Rights Law may be based on an individual’s actual
or perceived sexuality. An amendment to the Act to include protection against
discrimination for trans-gendered individuals (cross-dressers and individuals
who undergo a sex change, etc.) was not approved. It also should be noted the
Act does not change the provision in the Human Rights Law allowing religious
institutions and organizations to limit employment or make employment selections
designed to promote the religious principles for which they are established
or maintained.
While the Act adds an additional category to the antidiscrimination in employment
protection afforded individuals statewide, employers operating in New York City
and numerous other localities within the state already are subject to similar
prohibitions regarding sexual orientation. For example, the New York City Human
Rights Law, which is part of the New York City Administrative Code, already
outlaws discrimination because of actual or perceived individual characteristics
of sexual orientation.
Employers affected by this legislation should ensure that their policies
are updated and that antiharassment training makes explicit reference to the
inclusion of this new protected class.
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