On Dec. 21, 2015, the New York City Human Rights Commission (the Commission) issued one of the most powerful sets of guidelines1 in the nation prohibiting gender identity discrimination in employment.2
Gender identity is already a protected class under the New York City Human Rights Law, (NYCHRL), the City’s law prohibiting employment discrimination, but the new guidelines provide explicit examples of what kind of workplace behavior leads to liability.3 Penalties for violation of the NYCHRL range from $125,000 to $250,000, and the statute does not provide a limit for the amount of compensatory damages that a discrimination victim can recover.4 Given the potential for damages and the fact that there are an estimated 25,200 transgender and gender non-conforming individuals in New York City5 (three-quarters of whom have reported harassment in the workplace6), New York City employers must be especially careful to observe and comply with the new guidelines going forward.
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