For additional definitions used by the New York City Human Rights Commission to enforce the city`s anti-discrimination law based on a person`s gender, gender identity and gender expression, see the Commission`s Guidelines for the Application of the Law on Discrimination Because of Gender Identity or Gender Expression. Sex discrimination under the NYCHRL includes discrimination based on gender identity (including transgender, non-binary or gender non-conforming) and gender expression.13 The definition of gender also includes discrimination against an intersex person. According to the NYCHRL, sex discrimination can be based on perceived or actual gender identity, which may or may not correspond to the sex assigned at birth, or on how sex is expressed, for example: by appearance or communication style. Discrimination on the basis of sex is prohibited in employment, housing, social housing, discriminatory harassment and biased profiling by law enforcement and occurs when a person is “treated worse than others because of their gender.” 14 For example, firing a worker because they are transgender or allowing a non-binary worker to be exposed to a hostile work environment because of their gender identity constitutes discrimination on the basis of sex. Androgyny/ous – (adj) (1) a gender expression that includes elements of masculinity and femininity; (2) Sometimes used instead of “intersex” to describe a person with female and male anatomy. Covered companies can avoid NYCHRL violations by reviewing their existing health service plans and, if they aren`t already, offering an option that includes comprehensive coverage for transgender, non-binary, and gender non-conforming people. Employers should take care to choose plans that meet recognized professional standards or medical care for transgender people, for example, the standards of the Global Professional Association for Transgender Healthcare. Given that relatively few health care providers currently offer some transitional or gender-specific treatments, employers should consider choosing plans that do not prohibit, limit or have significantly higher co-payments or low reimbursement rates for out-of-system care. Bisexual – (adj) a person who is emotionally, physically and/or sexually attracted to both men and women.

Other people may use it to indicate attraction to people who also identify outside the gender binary and to indicate an interest in more than one gender or gender (i.e. men and genderqueer people). Trans*/Transgender – (adj) is used to describe a person whose gender identity or expression is not usually associated with the gender assigned at birth. It can be used to describe people with a wide range of identity or expression. Someone who identifies their gender as androgynous, queer, non-binary, gender non-conforming, MTF (male-to-female) or FTM (female-to-male) may also consider themselves transgender. [Two weeks before the midterm elections, transgender people say they feel like “pawns.”] One of the Trump administration`s first decisive policy actions was the Department of Education and Justice`s repeal of Obama-era policies that protected transgender students who wanted to use restrooms that matched their gender identity. The Trump administration is considering defining gender as an immutable biological condition determined by genitals at birth, the most drastic step yet in a government-wide effort to roll back recognition and protection of transgender people under federal citizenship law. The ministry should decide what documentation schools should collect to determine or codify sex. Title IX applies to a range of educational experiences, such as sports and same-sex courses or programs, where gender identity has come into play. The ministry said it would continue to open cases where transgender students face discrimination, bullying and harassment, and investigate gender-based harassment as “undesirable behavior based on a student`s gender” or “harassing behavior due to a student`s disagreement with gender stereotypes.” c. Require a gender-neutral person to identify or prove their gender in order to access the gender-relevant program or institution. Affected businesses can prevent NYCHRL violations by implementing internal anti-discrimination policies to educate employees, tenants, and program participants about their rights and obligations under the NYCHRL with respect to gender, gender identity, and gender expression, and to regularly train employees on these issues.

Affected businesses should establish procedures for employees, tenants, and program participants to report violations internally without fear of adverse action, and to train those in supervisory roles on how to deal with such complaints if they witness discrimination or if cases are brought to their attention by subordinates. Relevant companies engaging with the public should implement a respectful and non-discriminatory interaction policy with the public in accordance with the NYCHRL, respect gender diversity, and ensure that members of the public are not discriminated against, including with respect to same-sex programs and facilities. “The courts and the previous government took advantage of this circumstance to include gender identity and sexual orientation in various agencies and under various laws,” the memo said. This “has led to confusion and negative political consequences in health care, education and other federal contexts.” Gender binary – (noun) the idea that there are only two genders – male/female or male/female and that a person should be strictly gendered as one or the other. Gender identity – (noun) the inner and deeply rooted meaning of one`s gender, which may be the same or different from the gender assigned at birth. Gender identity can be masculine, feminine, neither, or both, e.g. non-binary. Everyone has a gender identity. Gender identity is different from sexual orientation.

Gender expression – (noun) the representation of gender, as expressed, for example, by name, choice of pronouns, clothing, haircut, behaviour, voice or body features. Gender expression may not be clearly masculine or feminine and may not fit traditional gender stereotypes associated with certain gender identities. Gender – (noun) refers to a person`s actual or perceived gender, gender identity, self-image, appearance, behaviour or expression, whether that gender identity, self-image, appearance, behaviour or expression is different from that traditionally associated with the sex assigned at birth. Gender non-conforming – (adj) is used to describe a person whose gender expression differs from traditional gender stereotypes. Not all gender non-conforming people are transgender. Conversely, not all transgender people are gender conforming. An individual`s assessment of one`s own safety should be a primary consideration. Covered entities should allow individuals to address them if they have security concerns and develop an appropriate security plan if necessary. For example, if, for security reasons, a transgender person requests to be assigned to an institution that matches their assigned gender at birth rather than their gender identity, this request should be granted.

Examples of violations. An employer who regularly grants sick leave without pay upon request to individuals who have worked for the employer for more than one year and refuses to comply with this policy if the request is made by a transgender person. “Transgender people are afraid,” said Sarah Warbelow, legal director of the Human Rights Campaign, which advocates for lesbian, gay, bisexual, and transgender people. “At every step, the government had a choice, it chose to turn its back on transgender people. After this article was posted online, transgender people took to social media to post photos of themselves with the hashtag #WontBeErased. But Attorney General Jeff Sessions` previous decisions to protect transgender people have given civil rights activists little hope that the department will prevent enforcement of the new definition. The proposal appears to be in line with the position he sent to authorities in an October 2017 memo clarifying that the Civil Rights Act, which prohibits discrimination in the workplace, does not cover “gender identity per se.” Employers who provide health services that categorically exclude or restrict gender-related health services from coverage, for example: categorically viewing certain procedures as “cosmetic” without individualized assessment of medical necessity. The ministry argued in its memorandum that key government agencies must adopt an explicit and consistent definition of gender that is “established on a clear, scientific, objective and manageable biological basis.” The agency`s proposed definition would define gender as male or female, immutable and determined by the genitals a person is born with, according to a draft reviewed by the Times. Any dispute about one`s own sex should be resolved through genetic testing. 6.

The NYCHRL prohibits affected businesses from considering gender when evaluating applications for disability housing or other requests to change terms and conditions of employment, participate in a program, or use public housing, which may include additional medical or personal leave or schedule changes. When a covered entity grants leave or work leave to employees for medical or health reasons, it treats requests for leave to cover medical or medical care needs related to a person`s gender identity in the same manner as requests for any other medical condition.