As a result of the recent passage of the Gender Expression Non-Discrimination Act (GENDA), which amends the New York State Human Rights Law to include gender identity and expression as a protected class, the Division of Human Rights has proposed an amendment to its regulation prohibiting gender identity discrimination to mirror GENDA. Essentially, this includes amending the existing regulation to include a prohibition against not only discrimination on the basis of gender identity but also gender expression. The regulation does not make any substantive changes for employers, but instead makes the previously existing regulation consistent with GENDA.

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