Sexual orientation discrimination is illegal in New York.  

The Sexual Orientation Non-Discrimination Act, typically known by its acronym "SONDA," prohibits discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, education, credit, and the exercise of civil rights. New York has long prohibited discrimination on the basis of certain characteristics, such as race, sex, and religion. SONDA added the term "sexual orientation" to the list of specifically protected characteristics in various State laws, including the Human Rights Law, the Civil Rights Law, and the Education Law.

When did SONDA take effect?

SONDA, which was passed by the State Legislature and signed into law by the Governor in late 2002, became effective on January 16, 2003, and protects individuals who are discriminated against on the basis of sexual orientation from that date forward.

What is the meaning of the term "sexual orientation" as used in the law?

SONDA defines sexual orientation as "heterosexuality, homosexuality, bisexuality, or asexuality, whether actual or perceived." Thus, the law affords protection where individuals are targeted either based on their actual sexual orientation, or based on what the discriminator believes their orientation to be.

What legal protections does SONDA provide?

SONDA prohibits discrimination on the basis of actual or perceived sexual orientation in various areas, including:

• In employment;
• In the admission to and use of places of public accommodation, resort, or amusement;
• In the admission to and use of educational institutions;
• In publicly assisted housing;
• In private housing accommodations and commercial space; and
  
• In relation to credit.

SONDA also prohibits discrimination and/or harassment on the basis of actual or perceived sexual orientation in the exercise of an individual's civil rights. Civil rights are those rights guaranteed by State law, including the right to vote, to serve on a jury, and to be free from discrimination in the areas listed above.

Are there any exceptions to SONDA?

Some exemptions that preexisted SONDA - and apply to discrimination on any of the grounds listed in the law, not only sexual orientation – affect SONDA's application. A "religious or denominational institution," or an "organization operated for charitable or educational purposes" that is "operated, supervised or controlled by or in connection with a religious organization," may:

1. limit employment, sales or rental of housing accommodations, and admission to persons of the same religion;
2. give preferences to persons of the same religion or denomination; and
3. take "such action as is calculated by such organization to promote the religious principles for which it is established or maintained."

In addition, the prohibition on discrimination in private housing does not apply to the rental of single-family and owner-occupied two-family homes.

Does SONDA protect transgender persons?

SONDA protects everyone in the State from discrimination on the basis of sexual orientation. Therefore, SONDA applies when a transgender person is discriminated against based upon his or her actual or perceived sexual orientation. In addition, courts in the State have held that transgender people are protected under other provisions of the Human Rights Law, including prohibitions against discrimination on the basis of sex and/or disability.