New York Issues Regulations Prohibiting Harassment and Discrimination on the Basis of Gender Identity, Transgender Status, or Gender Dysphoria

Regulations Now in Effect

The Governor of New York has issued regulations—under the stateHuman Rights Law—which prohibit harassment and discrimination on the basis of gender identity, transgender status, or gender dysphoria.

Background
Under New York’s Human Rights Law, it is an unlawful discriminatory practice for an employer to refuse to hire or employ or to bar or to discharge from employment an individual or to discriminate against an individual in compensation or in terms, conditions, or privileges of employment because of an individual’s sexual orientation, sex, disability, familial status, marital status, or domestic violence victim status (amongother protected classes).

The law generally applies to employers with 4 or more employees; however, the law’s prohibitions against sexual harassment apply to all employers—regardless of size.

New Regulations
Highlights of the new regulations include the following:

  • Discrimination on the basis of gender identity is sex discrimination.
  • The prohibitions contained in the state Human Rights Law against discrimination on the basis of sex (in all areas of jurisdiction where sex is a protected category) also prohibit discrimination on the basis of gender identity or the status of being transgender.
  • Harassment on the basis of a person’s gender identity or the status of being transgender is sexual harassment.
  • The term “disability,” when used in the state Human Rights Law, includes gender dysphoria or other condition meeting the definition of disability in the law.
  • Refusal to provide reasonable accommodation for persons withgender dysphoria or other condition meeting the definition of disability in the law, where requested and necessary (and in accordance with state regulations on reasonable accommodation), isdisability discrimination.
  • Harassment on the basis of a person’s gender dysphoria or other condition meeting the definition of “disability” in the law is harassment on the basis of disability.

The regulations are effective as of January 20, 2016. Additional information is available in the text of the regulations. A press releaseconcerning the regulations is also available.

HR360 Editorial Team http://www.hr360.com