NYC Commission On Human Rights Issues Guidelines On Transgender Discrimination

On December 21, 2015, the New York City Commission on Human Rights issued new enforcement guidelines regarding discrimination on the basis of gender identity or expression. While the City Council added transgender protections to the New York City Human Rights Law ("NYCHRL") in 2002, the Commission recently issued these detailed guidelines on what constitutes discrimination on the basis of gender identity or expression.

The guidelines reinforce the notion that it is unlawful to fire, refuse to hire or promote, or set different terms and conditions of employment because of an employee's gender, including an employee's status as a transgender person. The protections also extend to discrimination in public accommodations and housing. In the employment context, the guidelines specify new requirements for employers to follow in order to avoid liability for discrimination based on gender identity or expression, and provide several examples of prohibited conduct.