New York City Commission on Human Rights: Guidelines regarding Gender Identity Discrimination
The New York City Human Rights Law, which is Title 8 of the Administrative Code of the City of New York, makes it clear that gender identity is protected under the law, more specifically it is a protected classification under employment discrimination. The purpose of this law is to eliminate employment discrimination based on an individuals “actual or perceived gender.” Under the law “gender” is defined to include: actual or perceived sex; gender identity; self-image; appearance; and, behavior expression, whether or not it is traditionally associated with the legal sex assigned to an individual at birth.
Gender identity is an individual’s perception of whether they are male, female or something else. Gender expression includes external characteristics that are socially defined as being either masculine or feminine. For example, things like, dress, mannerisms, speech patterns, and social interactions.
It is unlawful for an employer, or an employee or agent thereof, to discriminate against any employee based on their actual or perceived gender with regard to recruitment, hiring, firing, promotions, wages, job assignments, training, benefits, and other terms and conditions of employment. Additionally, it is unlawful for an employer, employee or agent thereof, to retaliate against an individual opposed to an unlawful discriminatory practice or made a charge, or because an individual testified, assisted, or participated in an investigation, proceeding or hearing.
