On June 24, 2021, Governor Andrew Cuomo signed into law the Gender Recognition Act, which aims to further remove barriers to equality under the law and ensure expanded protections for transgender and non-binary New Yorkers.

Under the law, which is set to go into effect Dec. 21, New Yorkers may use “X” as a non-binary sex designation on New York State driver’s licenses and may opt for “parent” instead of “father” or “mother” on birth certificates.

The law also permits documents related to name changes and sex designation changes to be sealed more easily in an effort to reduce discrimination against non-binary and transgender people. An individual who wishes to change their name also will no longer be required to publish their new name, previous name, current address, place of birth and date of birth in designated newspapers within 60 days of the change.

When this law goes into effect, employers should take note of these changes while reviewing and approving official documents submitted by job candidates and current employees.

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