Int. No. 754
By Council Members Perkins, Lopez, Quinn, Eldridge, Reed, Berman, DiBrienza, Cruz, Eisland, Espada, Freed, Linares, Miller, Moskowitz, the Public Advocate (Mr. Green), Rodriguez, Boyland, Malave-Dilan, Fisher, Henry and Koslowitz; also Council Members Leffler, McCaffrey, Michels, Pinkett, Sabini, Watkins and White.
A Local Law to amend the administrative code of the city of New York, in relation to gender-based discrimination.
Be it enacted by the Council as follows:
Section 1. Legislative findings and intent. The City Council finds and declares that it is in the interest of the City of New York to protect its citizens from discrimination. Discrimination, prejudice, intolerance and bigotry directly and profoundly threaten the rights and freedom of New Yorkers. The City Council established the Human Rights Law to protect its inhabitants from these dangers. Included in the City's Human Rights Law is a prohibition of discrimination against individuals based on gender. The scope of this gender-based protection, however, requires clarification. This local law is intended to make clear that all gender-based discrimination - including, but not limited to, discrimination based on an individual's actual or perceived sex, and discrimination based on an individual's gender identity, self-image, appearance, behavior, or expression - constitutes a violation of the City's Human Rights Law.
Gender-based discrimination effects a broad range of individuals. But the impact of gender-based discrimination is especially debilitating for those whose gender self-image and presentation do not fully accord with the legal sex assigned to them at birth. For those individuals, gender-based discrimination often leads to pariah status including the loss of a job, the loss of an apartment, and the refusal of service in public accommodations such as restaurants or stores. The impact of such discrimination can be especially devastating for those who endure other prejudices due to their race, ethnicity, national origin, or citizenship status, in addition to gender-based discrimination. In adopting this legislation, the City Council declares that the ability of all New Yorkers to work and to live free from invidious discrimination based on gender is the guiding principle of public policy and law.
§2. Section 8-102 of chapter one of title eight of the administrative code of the city of New York is amended by adding a new subdivision 23 to read as follows:
23. The term "gender" shall include actual or perceived sex and shall also include a person's 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 legal sex assigned to that person at birth.
§3. This local law shall take effect immediately.