New York City employment discrimination laws protect transgender and gender-nonconforming workers by prohibiting discrimination on the basis of how they identify or express their own gender. State law in New York has similar provisions. A lawsuit filed in New York County Supreme Court in June 2019 alleges that a restaurant discriminated against a gender-nonconforming employee by requiring them to follow a dress code designed for people who identify as male. The New York City Commission on Human Rights (CHR), in interpreting city law regarding gender identity and gender expression discrimination, specifically identifies gender-specific dress codes as a violation.
The New York City Human Rights Law (NYCHRL) bars discrimination by employers based on gender and other factors. N.Y.C. Admin. Code § 8-107(1)(a). The statute defines “gender” as an individual’s “actual or perceived sex, gender identity and gender expression,” without regard to “the sex assigned to that person at birth.” Id. at § 8-102. The New York State Human Rights Law (NYSHRL) identifies gender identity and gender expression as a distinct protected class, defining it as one’s “actual or perceived…appearance, behavior, expression, or other gender-related characteristic,” also without regard to one’s assigned gender at birth. N.Y. Exec. L. §§ 292(35), 296(1)(a).
The City Council intended the NYCHRL to provide comprehensive protection, specifically noting its “uniquely broad and remedial purposes” and setting it apart from federal and state antidiscrimination statutes. N.Y.C. Admin. Code § 8-130(a). The CHR has stated that gender-specific dress codes or grooming standards violate the NYCHRL, and that individuals should not bear the burden of “demonstrat[ing] why a particular distinction…does not conform to their gender expression.” Employers may enforce dress codes or grooming standards as long as they are applied on a gender-neutral basis.