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Sexual Orientation Is Now a Protected Category

BY Lee F. Bantle
October 07, 2003

Sexual orientation will now be treated as any other protected category in employment litigation under New York State law. After having been proposed without passage for 31 years, the Sexual Orientation Non-Discrimination Act (S. 720/ A. 1971) (SONDA) finally became law on January 16, 2003. The law does not create a new statute, but amends the New York Human Rights law to insert the term 'sexual orientation' after 'national origin' and before 'sex' in every place where they appear. (An effort to further amend the legislation prior to explicitly prohibit discrimination based on gender identity was unsuccessful.)


SONDA ensures that gay and lesbian employees who allege discrimination based on sexual orientation will bear the same burdens and have available the same remedies as employees alleging discrimination based on any other protected category under the state human rights law.


Prior to the passage of SONDA, the only statewide protection for gay and lesbian employees was found in an executive order issued by then-governor Mario Cuomo in 1987. That order was enforced by the State Division of Human Rights, and prohibited sexual-orientation discrimination in state agencies and departments. Now, all gay and lesbian employees, whether working for public or private employers, will be able to challenge discrimination against them by filing a claim with the State Division of Human Rights or by bringing suit in court.

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