A couple of weeks ago, this blog highlighted the prevalence of employment discrimination targeting trans workers in New York, as well as the strong legal protections against employment discrimination trans people have in New York State and New York City. In recent weeks, however, events and developments from the nation’s capital potentially have triggered concern among trans people. This post lays out where the law stands in New York after President Trump’s Inauguration Day executive orders. As always, if you have specific questions about your exact situation or think you may have a circumstance requiring legal representation, contact a knowledgeable New York gender identity discrimination lawyer, who can provide customized answers, advice, and solutions for your case.
On January 20, 2025, President Trump signed Executive Order (EO) 14168, entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The order established a federal policy that there are only two sexes, male and female, and each person should be considered the sex assigned at birth.
Trans people who work in New York may reasonably feel uneasy after reading the order. Still, the good news is that the protections and prohibitions that were in place on January 19, 2025, generally remain in place today.
No Preemption of NYS and NYC’s Human Rights Laws
At the state and local levels, New York has some of the staunchest protections in the country. In 2002, New York City passed the Transgender Rights Bill, which explicitly banned discrimination based on gender identity, including in the workplace. In 2018, the City Council enacted another bill to reflect a more up-to-date and inclusive awareness of gender and broaden the trans rights protections the 2002 bill enshrined.
In 2019, New York State enacted the Gender Expression Non-Discrimination Act (GENDA). That act amended the New York State Human Rights Law to expressly add gender identity and gender expression as protected characteristics for purposes of the NYSHRL’s prohibitions against workplace discrimination and harassment. The NYSHRL applies to paid employment and many forms of unpaid work, such as internships and volunteer firefighting.
Nothing in EO 14168 constitutes a preemption of state and local laws. Sometimes, certain Congressional acts or U.S. Supreme Court rulings may thwart or trump state or local laws, but EOs like this one do not wield that power. In other words, the EO does not block or diminish the gender-related protections in the NYSHRL and NYCHRL afforded to employees who work for private employers (or state/local public employees in New York.)
Federal Title VII Law... Plus Disability Discrimination Protections
Additionally, a trans person who encounters gender identity discrimination in the workplace still potentially has recourse for seeking accountability under not just New York state and city law but also federal law. In 2020, the U.S. Supreme Court issued a ruling in the case of Bostock v. Clayton County, declaring that discrimination on the basis of gender identity is, for the purposes of Title VII of the Civil Rights Act, a form of impermissible sex discrimination. Just like the NYCHRL and NYSHRL, the Bostock ruling is not preempted by EO 14168.
Furthermore, trans people who experience workplace discrimination or harassment based on gender identity may be entitled to seek justice under the auspices of not only sex discrimination but also disability discrimination. The NYSHRL, for example, says that an employer who refuses to provide reasonable accommodations for a worker with gender dysphoria may be liable for illegal disability discrimination. One federal circuit court of appeals (covering Maryland, Virginia, West Virginia, and the Carolinas) has said gender dysphoria may qualify as a viable disability for purposes of an Americans With Disabilities Act (ADA) lawsuit. These legal precepts also remain unimpeded by EO 14168.
With many employers just beginning to address the issues trans employees face, discrimination against these workers is common. Employer misconduct may arise from blatant prejudice, ignorance, or negligent indifference and inaction. Whatever the origin of an employer’s misconduct, the knowledgeable New York gender identity discrimination attorneys at Phillips & Associates are here to help when those missteps cross the line and violate the law. Our team understands that these cases are often deeply personal and highly sensitive, and we are dedicated to approaching your matter with just as much empathy and thoughtfulness as diligence and zealousness. Contact us online or at (833) 529-3476 to set up a free and confidential consultation.