New York City Gender Identity and Transgender Discrimination: Handbook Statement Added
Author: Melissa Gonzalez Boyce, XpertHR Legal Editor
Under the New York City Human Rights Law (NYCHRL), New York employers with four or more employees working in New York City are prohibited from discriminating on the basis of several protected categories, including gender identity, gender expression, transgender status and intersex status. The New York Commission on Human Rights, which enforces the NYCHRL, has issued guidance that describes in detail the Commission's take on employers' obligations under the law, including guidance on the fact that covered employers with single-occupancy restrooms should make clear that such restrooms may be used by individuals of any gender.
In addition, effective October 26, 2016, New York City's plumbing code specifies that a single-occupant toilet room (i.e., one with no more than one water closet and no more than one urinal) must be made available for use by individuals of any sex. The plumbing code does not require any physical alteration of the single-occupant bathroom, except for the posting and maintenance of appropriate signage.
To assist New York City employers, the Discrimination on the Basis of Gender, Gender Identity or Transgender Status Handbook Statement has been added to the New York employee handbook and the table of contents has been updated accordingly.