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


All Employers with 4+ New York, NY Employees


May 11, 2018


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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

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