Happy Pride Month!
On June 25, Governor Hochul signed into law S2442 which amends the NYSHRL’s definition of “sexual orientation.” The NYSHRL already prohibits employment discrimination on the basis of an individual’s sexual orientation, which is defined under the law to include “heterosexuality, homosexuality, bisexuality or asexuality, whether actual or perceived.”
The amendment specifically removed from the definition of “sexual orientation” the following sentence: “However, nothing contained herein shall be construed to protect conduct otherwise proscribed by law.”
This outdated disclaimer stems from previous laws criminalizing certain consensual sexual acts between adults; its removal emphasizes that the law does not tolerate any suggestion or implication of conflating an individual’s sexual orientation with criminality.