Adding Sexual Orientation to New York State's Human Rights Law: Initial Information About Implementation and Effectiveness

Abstract

While previous research has focused on measuring employment discrimination based on sexual orientation and establishing the need for laws that protect against such discrimination, very little research has evaluated the effectiveness of current nondiscrimination laws. This exploratory research considers the addition of sexual orientation to New York State's Human Rights Law as it relates to employment. In an effort to better understand the implementation and overall effectiveness of the law, attorneys in New York who specialize in employment law were surveyed. The survey results, based on the responses of 34 attorneys, provide insights into how well the law has initially protected individuals from discrimination, and how well it has provided redress for claimants of employment discrimination. The initial results of the research suggest that employees mostly seek redress for a hostile work environment, that potential claimants are concerned with confidentiality and retaliation, and that more training for employees is needed to combat employment discrimination based on sexual orientation.

KEYWORDS:

• New York State
• employment discrimination
• sexual orientation
• nondiscrimination policies

Notes

1. The compliance exemptions apply to religious and denominational organizations in New York State. Such organization are not obliged comply with the sexual orientation nondiscrimination provision.