Notice of Adoption of Rules - Gender Discrimination

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Saturday, March 9, 2019
Download Copy of Adopted Rule (.pdf): 

Notice of Adoption

 

NOTICE IS HEREBY GIVEN, pursuant to the authority vested in the Commission on Human Rights by section 905(e)(9) of the New York City Charter and in accordance with the requirements of Section 1043 of the Charter, that the New York City Commission on Human Rights (“the Commission”) has amended its rules to establish certain definitions and procedures applying Local Law No. 3 of 2002 (“Local Law 3”) and Local Law No. 38 of 2018 (“Local Law 38”), which amended the Administrative Code of the City of New York (“Administrative Code”) to make explicit that discrimination based on gender identity and expression is a violation of the City’s Human Rights Law.

 

The required public hearing was held on September 25, 2018.

 

 

Statement of Basis and Purpose of Rule

 

The New York City Commission on Human Rights (the “Commission”) is amending its rules to establish certain definitions and clarify the scope of protections with respect to Local Law 3 and  Local Law No. 38, which amended the Administrative Code by defining the term “gender” to include actual or perceived sex, gender identity, and gender expression including a person’s actual or perceived gender-related self-image, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth. Local Law 3 and Local Law 38 make explicit that discrimination based on gender identity and expression is prohibited under the City’s Human Rights Law. Local Law 3 declared that the ability of all New Yorkers to work and live free from discrimination based on gender must be the guiding principle of public policy and law.

The rules amend title 47 of the Rules of the City of New York to establish definitions for “cisgender,” “gender identity,” “gender expression,” “gender,” “gender non-conforming,” “intersex,” “sex,” and “transgender.” They also describe and explain covered entities’ non-discrimination obligations.

The Commission’s authority for these rules is found in sections 905(e)(9) and 1043 of the New York City Charter.

Proposed Rule: