N.Y. Comp. Codes R. & Regs. tit. 9 § 466.13
Current through Register Vol. 46, No. 16, April 17, 2024
Section 466.13 - Discrimination on the basis of gender identity or expression(a) Statutory Authority. Pursuant to N.Y. Executive Law § 295.5, it is a power and a duty of the Division to adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of the N.Y. Executive Law, article 15 (Human Rights Law).(b) Definitions. (1) Gender identity or expression means a person's actual or perceived gender-related identity, appearance, behavior, expression or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.(2) A transgender person is an individual who has a gender identity or expression different from the sex assigned to that individual at birth.(3) Gender dysphoria is a recognized medical condition related to an individual having a gender identity or expression different from the sex assigned at birth.(c) Gender identity or expression is a protected category defined in the Human Rights Law, and discrimination on the basis of gender identity or expression is unlawful in all areas of jurisdiction covered by the Human Rights Law.(d) Discrimination on the basis of gender identity or expression is also sex discrimination. (1) The term "sex" when used in the Human Rights Law includes gender identity or expression and the status of being transgender.(2) The prohibitions contained in the 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 expression or the status of being transgender.(3) Harassment on the basis of a person's gender identity or expression or the status of being transgender is sexual harassment.(e) Discrimination on the basis of gender dysphoria or other condition meeting the definition of disability in the Human Rights Law set out below is disability discrimination. (1) The term "disability" as defined in Human Rights Law § 292.21, means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.(2) The term "disability" when used in the Human Rights Law includes gender dysphoria or other condition meeting the definition of disability in the Human Rights Law set out above.(3) The prohibitions contained in the Human Rights Law against discrimination on the basis of disability, in all areas of jurisdiction where disability is a protected category, also prohibit discrimination on the basis of gender dysphoria or other condition meeting the definition of disability in the Human Rights Law set out above.(4) Refusal to provide reasonable accommodation for persons with gender dysphoria or other condition meeting the definition of disability in the Human Rights Law set out above, where requested and necessary, and in accordance with the Divisions regulations on reasonable accommodation found at 9 NYCRR § 466.11, is disability discrimination.(5) Harassment on the basis of a person's gender dysphoria or other condition meeting the definition of disability in the Human Rights Law set out above is harassment on the basis of disability.N.Y. Comp. Codes R. & Regs. Tit. 9 § 466.13
Adopted New York State Register January 20, 2016/Volume XXXVIII, Issue 03, eff.1/20/2016Amended New York State Register June 24, 2020/Volume XLII, Issue 25, eff. 6/24/2020