The NYC Commission on Human Rights Issues Sweeping Guidance Related to its Long-Standing Gender Discrimination Prohibitions

January 12, 2016

On December 21, 2015, the New York City Commission on Human Rights (the “Commission”) issued enforcement guidance (the "Guidance") regarding discrimination on the basis of gender identity or expression. The Guidance explains that under the New York City Human Rights Law (“NYCHRL”), which prohibits discrimination on the basis of “gender identity, gender expression, and transgender status” or for being intersex, gender discrimination occurs whenever one is treated “less well than others on account of their gender.” Guidance at 3 (quoting Williams v. N.Y.C. Hous. Auth., 872 N.Y.S.2d 27, 39 (App. Div. 2009)). Prohibited discrimination “can be based on one’s perceived or actual gender identity, which may or may not conform to one’s sex assigned at birth, or on the ways in which one expresses gender, such as through appearance or communication style.” Id.

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