New York

The Human Rights Law is New York’s primary civil-rights statute. It bars discrimination in employment, housing, public accommodations, credit, and education on the basis of sex, sexual orientation, gender identity or expression, marital status, familial status, pregnancy-related conditions, and other protected traits. The statute also recognizes sexual harassment as unlawful sex discrimination. These provisions form the foundation of gender-equality protections throughout the state.

In Bah v. Mukasey, 529 F.3d 99 (2008), three plaintiffs from Guinea who underwent female genital mutilation (“FGM”) appealed decisions from the Board of Immigration Appeals (“BIA”), which had denied their claims for relief and withholding of removal under the Convention Against Torture based on FGM.

In Breest v. Haggis (1st Dep’t 2019), the plaintiff brought civil claims under the New York City Victims of Gender-Motivated Violence Protection Act (VGMVPA), asserting that a well-known filmmaker sexually assaulted her and that the assault constituted “a crime of violence motivated by gender.” The defendants moved to dismiss, arguing that the complaint did not adequately allege that gender bias was a motivating factor.

In Brooke S.B. v. Elizabeth A.C.C., 28 N.Y.3d 1 (2016), a non-biological parent in a same-sex relationship sought custody and visitation after their relationship had ended. Under previous precedent (Alison D. v. Virginia M. (77 NY2d 651 [1991])) only biological or adoptive parents were recognized.

The Campus Sexual Assault, Dating Violence, Domestic Violence, and Stalking Prevention and Response Act modernizes New York State's sexual-assault response programs by requiring all New York State colleges and universities to adopt uniform policies for preventing and responding to sexual assault, dating violence, domestic violence, and stalking. It mandates a comprehensive system of definitions, rights, procedures, and reporting obligations that apply to every institution chartered by the Regents or created by legislative act.

In Catholic Charities of the Diocese of Albany v. Serio, 7 N.Y.3d 510 (2006), a group of religiously affiliated organizations challenged a New York statute that required health insurance plans covering prescription drugs to include contraceptive coverage under the Women’s Health and Wellness Act (NY Insurance Law § 3221(16) and § 4303(cc)).

In Cole v. Cole, 35 N.Y.3d 1012 (2020), the New York Court of Appeals reviewed a mother’s challenge to a custody award favoring the father under Domestic Relations Law § 240(1)(a).

This law amends §§3216 ,3221, and 4303 of NYS Insurance Law, and amends §365-a of NYS Social Services Law to require that health insurance policies in New York State provide comprehensive contraceptive coverage. It mandates coverage of all FDA-approved contraceptive methods, including over-the-counter options when permitted by law.

The Constitution of the State of New York defines the rights of individuals and the structure of the state government. Several provisions function as the core constitutional bases for equality and nondiscrimination in the State of New York. Article I, Section 11 provides equal protection and bars civil rights discrimination on the grounds of race, color, creed, or religion.

The Dignity for All Students Act requires New York State public elementary and secondary schools to provide an educational environment free from harassment, bullying, and discrimination. The law protects students on the basis of race, color, weight, national origin, ethnicity, religion, religious practice, disability, sexual orientation, gender identity or expression, and sex.