Comments on proposed NYS Division of Human Rights gender identity discrimination regulations

SUMMARY

The Lesbian, Gay, Bisexual and Transgender Rights Committee issued comments to the NYS Division of Human Rights on proposed regulations clarifying that the State Human Rights Law prohibits discrimination based on gender identity, gender expression and transgender status. The proposed amendments would codify existing case law holding that transgender and gender-nonconforming people are protected under the categories of sex and disability and would bring New York in line with well-established federal interpretations of parallel federal civil rights law. The Committee supported the proposal and offered additional recommendations to help strengthen and clarify their intended purpose. Included in the Committee’s recommendations is a definition for “intersex” and specific language to clarify that intersex status discrimination is disability discrimination, and language to provide more specific guidance on what constitutes discrimination under the proposed regulations.