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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 those 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 individuals 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 affects
a broad range of individuals. But the impact of gender-based discrimination
is especially debilitating for those whose gender self-image and
personalities 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 in 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.
Note:
Matter in italics is new; matter in brackets [ ] to be omitted.
APPROVED
ON THE 30TH DAY OF APRIL 2002
Michael Bloomberg MAYOR
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