American society has made a lot of progress over the last few decades when it comes to recognizing minority rights and the rights of women in the workplace. One area that’s lagged behind, however, is the protections afforded to transgender, non-binary, gender-fluid and non-conforming workers.
That has changed. In 2019, the Gender Expression Non-Discrimination Act (GENDA) expanded LGBTQ protections for those who don’t fit conventional gender norms.
Discriminatory conduct based on gender and gender expression defined
The New York City Commission on Human Rights (NYCCHR) has expanded the definition of gender-based discrimination and provided examples of what discriminatory conduct may include. Some examples are:
- Employers who purposefully “deadname” a transgender employee and refuse to use their chosen name and pronouns
- Demanding proof from an employee of their gender, court-ordered name change or transition surgery before agreeing to respect their pronouns and chosen name
- Permitting an employee’s co-workers to misgender them, taunt them over their gender expression or use their deadname and wrong pronouns on purpose
- Imposing different standard of dress and grooming based on gender (with only a few job-specific exceptions)
- Not allowing an employee to use bathroom facilities consistent with their gender identity
The NYCCHR already had significant protections for members of the LGBTQ community, but GENDA expanded on them and made “gender identity or expression” a protected class in New York.
Are you being mistreated at work because of your gender identity?
You have rights. If you are hitting a wall when it comes to advocating for yourself, it may be time to speak with an attorney. Workplace discrimination based on gender expression is never acceptable in New York.
