New York, NY: NYCHRL Updates Definitions of Sexual Orientation and Gender

APPLIES TO

All Employers with 4+ New York, NY Employees

EFFECTIVE

May 11, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On January 11, 2018, New York City passed Int. No. 1186-A, which amends the New York City Human Rights Law (“NYCHRL”) to expand the definitions of “sexual orientation” and “gender.” “Sexual orientation” refers to heterosexuality, homosexuality, or bisexuality, and will also now include “an individual’s actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender.” Sexual orientation is a “continuum of sexual orientation” that will also include asexuality and pansexuality.

In addition to a person’s actual or perceived sex, “gender” will also refer to a person’s 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.”

Expanding the scope of these definitions expands the protections of employees who fall within these categories. Specifically, employers may not discriminate, harass, or retaliate against an employee based on these classifications.

Action Items

  1. Have policies reviewed to ensure these updated protected categories are included.
  2. Have employees trained on these new protections.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *