9 CRR-NY 466.13NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE J. DIVISION OF HUMAN RIGHTS
PART 466. GENERAL REGULATIONS
9 CRR-NY 466.13
9 CRR-NY 466.13
466.13 Discrimination on the basis of gender identity.
(a) Statutory authority.
Pursuant to Executive Law section 295.5, it is a power and a duty of the division to adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of the Executive Law, article 15 (Human Rights Law).
(b) Definitions.
(1) Gender identity means having or being perceived as having a gender identity, self-image, appearance, behavior or expression whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth.
(2) A transgender person is an individual who has a gender identity different from the sex assigned to that individual at birth.
(3) Gender dysphoria is a recognized medical condition related to an individual having a gender identity different from the sex assigned at birth.
(c) Discrimination on the basis of gender identity is sex discrimination.
(1) The term sex when used in the Human Rights Law includes gender identity and the status of being transgender.
(2) The prohibitions contained in the Human Rights Law against discrimination on the basis of sex, in all areas of jurisdiction where sex is a protected category, also prohibit discrimination on the basis of gender identity or the status of being transgender.
(3) Harassment on the basis of a person’s gender identity or the status of being transgender is sexual harassment.
(d) Discrimination on the basis of gender dysphoria or other condition meeting the definition of disability in the Human Rights Law set out below is disability discrimination.
(1) The term disability as defined in Human Rights Law section 292.21, means:
(i) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques; or
(ii) a record of such an impairment; or
(iii) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.
(2) The term disability when used in the Human Rights Law includes gender dysphoria or other condition meeting the definition of disability in the Human Rights Law set out above.
(3) The prohibitions contained in the Human Rights Law against discrimination on the basis of disability, in all areas of jurisdiction where disability is a protected category, also prohibit discrimination on the basis of gender dysphoria or other condition meeting the definition of disability in the Human Rights Law set out above.
(4) Refusal to provide reasonable accommodation for persons with gender dysphoria or other condition meeting the definition of disability in the Human Rights Law set out above, where requested and necessary, and in accordance with the division’s regulations on reasonable accommodation found at section 466.11 of this Part, is disability discrimination.
(5) Harassment on the basis of a person’s gender dysphoria or other condition meeting the definition of disability in the Human Rights Law set out above is harassment on the basis of disability.
9 CRR-NY 466.13
Current through September 30, 2018
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