New York voters just passed Proposition One, also called the New York Equal Rights Amendment, expanding protections under the state constitution’s equal protection clause for public employers. The state constitution will now prohibit discrimination based on race, color, ethnicity, national origin, age, disability, creed, religion or sex—including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes and reproductive healthcare and autonomy.
What does this mean for NY employers?
The Amendment will not impact private employers as the state constitution’s equal protection clause does not apply to private employers. However, other New York State and NYC laws have and continue to prohibit employment discrimination based on the above protected categories.
For any questions about your company’s non-discrimination policies or other labor and employment-related inquiries, please contact Akin’s labor team.
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