9 New York Code of Rules and Regulations §466.13 is a regulation under theNew YorkHuman Rights Law (NYSHRL) that explicitly prohibits discrimination on the basis ofgender identity orexpression. This regulation was adopted to align with amendments to theExecutive Law made by Chapter 8 of theLaws of New York in 2019, which added gender identity or expression as aprotected class under state law. It applies to various areas, including employment, housing,public accommodations, and educational institutions. GovernorAndrew Cuomosigned the legislation on January 25, 2019, at theLesbian, Gay, Bisexual & Transgender Community Center in Manhattan'sWest Village.[1][2] The law went into effect 30 days later on February 24, 2019.[3]
The regulation was introduced to ensure compliance with the expanded protections under the NYSHRL following the enactment of theGender Expression Non-Discrimination Act (GENDA) in 2019. GENDA formally recognized gender identity or expression as a protected characteristic, prohibiting discrimination against individuals based on their gender identity or how they express their gender. The Division of Human Rights (DHR) issued this regulation to clarify and enforce these protections across all covered areas.
Employers are prohibited from discriminating against individuals in hiring, firing, compensation, or other terms and conditions of employment based on gender identity or expression. This includes respecting an individual'spreferred name andpronouns and allowing access to facilities consistent with their gender identity.[4][5]
Landlords and housing providers cannot deny individuals the right to rent, lease, or purchase property based on their gender identity or expression. They must also ensure equal terms and conditions in housing transactions.[4][6]
Businesses andpublic entities must provide equal access to services and facilities without discrimination. For example, individuals cannot be denied access to restrooms or programs that align with their gender identity.[5][7]
Schools are required to prevent harassment and discrimination against students based on their gender identity or expression. This includes ensuring access to facilities and programs consistent with their gender identity.[4][6]
The regulation also emphasizes reasonable accommodations for individuals with disabilities related togender dysphoria, as long as such accommodations meet legal standards and are supported by medical documentation.[4][6]
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