Local Law Amends NYC Human Rights Law’s Definitions of “Sexual Orientation”, “Gender”

On January 10, 2018, the New York City Human Rights Law was amended with respect to its definitions of “sexual orientation” (N.Y.C. Admin. Code § 8-102(20)) and “gender” (id. § 8-102(23)) to effectively broaden those terms.

The NYC Human Rights Law, inter alia, prohibits discrimination (in various forms) “because of the actual or perceived … gender [or] … sexual orientation … of any person.”

Amended § 8-102(20) provides:

The term “sexual orientation” means an individual’s actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender. A continuum of sexual orientation exists and includes, but is not limited to, heterosexuality, homosexuality, bisexuality, asexuality, and pansexuality.

Amended § 8-102(23) provides:

The term “gender” shall include 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.

The amendments, shown in markup form here, will take effect on May 10, 2018.

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