Int. No. 24 (text of the NYC transgender rights law)

By Council Members Perkins, Lopez, Quinn, Reed, the Speaker (Council Member Miller), Moskowitz, Rodriguez, Boyland, Avella, Davis, DeBlasio, Gennaro, Gerson, Katz, Koppell, Liu, McMahon, Monserrate, Rivera, Sears, Weprin, Brewer and Barron; also Council Members Addabbo Jr., Martinez and Yassky.

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, and 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.

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U.S. jurisdictions with laws prohibiting discrimination on the basis of gender identity or expression:

States: 2

Counties: 7

Cities: 43

Total: 52*

2002

Allentown, Penn.
Boston, Mass.
Buffalo, N.Y.
Chicago, Ill.
Cook County, Ill.
Decatur, Ill.
Dallas, Tex.
Erie County, Penn.
New Hope, Penn.
New York City, N.Y.
Philadelphia, Penn.
Salem, Ore.
Tacoma, Wash.

2001

Denver, Colo.
Huntington Woods, Mich.
Multnomah County, Ore.
State of Rhode Island
Rochester, N.Y.
Suffolk County, N.Y.

2000

Portland, Ore.
DeKalb, Ill.
Madison, Wis.
Atlanta, Ga.
Boulder, Colo.

1999

Ann Arbor, Mich.
Jefferson County, Ky.
Lexington-Fayette, Ky.
Louisville, Ky.
Tucson, Ariz.

1998

Benton County, Ore.
County of Santa Cruz, Calif.
New Orleans, La.
Toledo, Oh.
West Hollywood, Calif.
York, Penn.

1997

Cambridge, Mass.
Evanston, Ill.
Olympia, Wash.
Pittsburgh, Penn.
Ypsilanti, Mich.

1996

Iowa City, Ia.

1994

Grand Rapids, Mich.
San Francisco, Calif.

1993

State of Minnesota

1992

City of Santa Cruz, Calif.

1990

St. Paul, Minn.

1986

Seattle, Wash.

1983

Harrisburg, Penn.

1979

Los Angeles, CA.*
Urbana, Ill.

1977

Champaign, IL

1975

Minneapolis, Minn.

*A 1995 court decision essentially nullified the the Los Angeles city ordinance by holding that discrimination was a state jurisdictional matter.

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