The New York Human Rights Law prohibits employers with four or more employees from discrimination based on sex (including gender identity and transgender status), sexual orientation, marital status, or domestic violence victim status (NY Exec. Law Sec. 296 et seq.). The law covers employers with four or more employees. Sexual harassment is generally considered discrimination based on sex. Effective January 19, 2016, all employers in the state, regardless of size, may be liable for unlawful sexual harassment.
Effective January 20, 2016, discrimination based on gender identity is sex discrimination under the law (9 NYCRR Sec. 466.13). “Gender identity” is defined as having or being perceived as having a gender identity, self-image, appearance, behavior, or expression whether that identity is different from that traditionally associated with the sex assigned to that person at birth. A “transgender person” is an individual who has a gender identity different from the sex assigned to that person at birth. Under the regulation, harassment based on a person’s gender identity or transgender status is sexual harassment.