Quick hits

• The Equal Rights Amendment amended Article I, § 11 of the state constitution to include protections against discrimination based on sex, sexual orientation, gender, gender identity and other classifications.
• Various state and local laws in New York already protect against discrimination based on a number of protected statuses.
• The Equal Rights Amendment does not restrict the free exercise of religion or invalidate laws or regulations intended to prevent discrimination.

Effective January 1, 2025, the New York State Constitution will include protections against discrimination “by any other person or by any business, corporation or institution, or by the State or any agency” based on “race , color, ethnicity, national origin.” , age, disability, belief, religion or gender, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcome, health care reproductive and autonomy. The Equal Rights Amendment further clarifies that Article I, § 11 of the New York State Constitution does not invalidate or prevent any future law, program, or practice intended to prevent or dismantle discrimination (such as the New York State Human Rights Law). Nor does it invalidate or abridge the free exercise of religion under Article I, § 3 of the New York State Constitution.

Previously, the New York State Constitution only protected against discrimination based on race, color, creed and religion. Although the state has numerous anti-discrimination laws, such as the New York State Human Rights Law and the Civil Rights Act, many protections afforded by state law and local laws were not previously codified in the state constitution. Now enshrined in the New York State Constitution, the Equal Rights Amendment expands the civil rights of New Yorkers, and any repeal of these protections would require an arduous process where the proposal must be approved twice by the legislature and approved by a majority of voters. .

What’s next

Although the Equal Rights Amendment is relatively simple, legal difficulties relating to the interpretation of the newly amended text are likely. Employers may want to consider reviewing their handbooks and policies to ensure compliance with all state and federal laws.