NYC Updates “Sexual Orientation” And “Gender” Definitions Under Human Rights Law

New York City employers will soon be required to expand existing protections against sexual orientation and gender discrimination due to an amendment to the definitions of these terms under the New York City Human Rights Law (“NYCHRL”). The broadened definitions take effect on May 10, 2018.

“Sexual Orientation,” Redefined

The NYCHRL already prohibits discrimination, harassment and retaliation on the basis of, among other things, gender and sexual orientation. The NYCHRL currently defines “sexual orientation" as “heterosexuality, homosexuality, or bisexuality.” Under the expansive new definition, “sexual orientation” will be defined as “an individual’s actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender.”