New York Voters Approve Equal Rights Amendment

Author: Emily Scace, Brightmine Senior Legal Editor

November 7, 2024

A ballot measure in New York that codifies certain discrimination protections into the state constitution passed on Tuesday.

Proposition 1, also known as the Equal Rights Amendment, was endorsed by 57 percent of voters, according to unofficial results.

The Equal Rights Amendment adds to the state constitution protections against discrimination on the basis of:

• Ethnicity;
• National origin;
• Age;
• Disability; and
• Sex, which includes:
  • Sexual orientation;
  • Gender identity;
  • Gender expression;
  • Pregnancy;
  • Pregnancy outcomes; and
  • Reproductive healthcare and autonomy.

The New York state constitution already included anti-discrimination protections for race, color, creed and religion.

Although the constitutional protections are new, discrimination on the basis of most of the attributes in Proposition 1 is already prohibited under various state laws. The New York State Human Rights Law (NYSHRL) bans many forms of discrimination, including employment discrimination, based on a long list of characteristics. Employment discrimination on the basis of reproductive health decision-making is prohibited under a law enacted in 2019.

Proposition 1 also:

• Protects laws and programs that aim to prevent or dismantle discrimination. This provision could bolster workplace DEI initiatives and other programs that seek to advance equity.
• Provides that one protected characteristic may not be used as a basis for discriminating or denying a person's rights based on another protected characteristic. For example, an individual may not cite religion as a reason to discriminate on the basis of sexual orientation.