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New York City Expands Definitions of “Sexual Orientation” and “Gender” in Human Rights Law

03/15/18

Author: ADP Admin/Tuesday, March 13, 2018/Categories: State Compliance Update, New York

A new law passed by the New York City Council amends and significantly broadens the definitions of “sexual orientation” and “gender” in the New York City Human Rights Law (NYCHRL).

On January 11, 2018, New York’s City Council passed Int. No. 1186-A, which expands the definitions of sexual orientation and gender. Under Int. No. 1186-A, “sexual orientation” now includes “an individual’s actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender.” Additionally, the broader definition highlights that “[a] continuum of sexual orientation exists and includes, but is not limited to, heterosexuality, homosexuality, or bisexuality, asexuality, and pansexuality.”

The law also amends the definition of “gender” to state that it “include[s] actual or perceived sex, 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.”

Coverage: Employers with employees working in New York City.

Effective: May 11, 2018

Action Required: You should address all aspects of lesbian, gay, bisexual, transgender, queer and gender non-binary designations during your annual harassment prevention training. In addition to expanding the scope of the training, you should also review your equal employment and anti-harassment policies for compliance with these laws, and modify your policies to cover protections for gender nonconforming employees.

As always, please contact your HR Business Partner if you have any questions.

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