Federal, state and local government agencies have expressed increased sensitivity to and awareness of transgender and gender nonconforming individuals and their legal rights in the workplace. The Equal Employment Opportunity Commission (EEOC) now considers discrimination against transgender and gender nonconforming individuals to be sex discrimination under Title VII of the Civil Rights Act of 1964.1 Administrative agencies in both New York State and New York City similarly have taken regulatory action in the past several months to address discrimination against transgender and gender nonconforming individuals.
The New York State Division of Human Rights promulgated regulations, effective as of January 2016, stating that discrimination against transgender and gender nonconforming individuals falls within the New York State Human Rights Law’s (NYSHRL) prohibitions on sex discrimination. See 9 N.Y.C.R.R. §466.13. Additionally, employers who may have believed they were complying with the New York City Human Rights Law’s (NYCHRL) prohibition on discrimination against transgender or gender nonconforming individuals may need to reassess their policies in light of the New York City Human Rights Commission’s enforcement guidance on such discrimination published in December of last year.
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