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Official Rules of the NYC Commission on Human Rights
The Commission's Rules are codified as Title 47 of the Rules of the City of New York. The rules govern the Commission's implementation and interpretation of the New York City Human Rights Law. See also Proposed Rules and Rulemaking History.
Official Rules of the Commission on Human Rights
(Title 47 of the Rules of the City of New York)
Key Changes to Chapter 1 (effective September 6, 2019)
Chapter 1. Practice and Procedure
- Subchapter A: General
- §1-01 Scope of Rules
- §1-02 Organization of Commission
- §1-03 Definitions and Construction
- §1-04 Service of Papers.
- §1-05 Power Delegated to the Chair of the Commission to Propose Rules
- §1-06 General Procedure for Requesting Orders by the Chair, Except as Otherwise Specified
- §1-07 Courtesy Paper Copies
- §1-08 Recusal of the Chair of the Commission
- Subchapter B: Complaints, Answers, And Notification Of Obligations
- Subchapter C: Withdrawals And Dismissals
- Subchapter D: Investigatory Procedures
- §1-31 Policy
- §1-32 Pre-complaint Investigations
- §1-33 Investigatory Demands
- §1-34 Subpoenas
- §1-35 Objections to Investigatory Demands and Subpoenas
- §1-36 Extensions of the Time to Comply With an Investigatory Demand or Subpoena.
- §1-37 Enforcement of Investigatory Demands and Subpoenas.
- §1-38 Injunctions and Temporary Restraining Orders
- §1-39 Redactions
- §1-40 Availability of Investigatory Materials Following Dismissal of the Complaint
- Subchapter E: Determination Of Whether Probable Cause Exists
- Subchapter F: Settlement and Conciliation
- Subchapter G: Adjudication Procedures
- §1-61 Referral of Complaints to OATH
- §1-62 Incorporation of OATH Rules of Practice for Cases Pending Before OATH
- §1-63 Interlocutory Review of Administrative Law Judge Decisions and Orders
- §1-64 Redacted Filings at OATH
- §1-65 Protective Orders
- §1-66 Post-hearing Comments
- §1-67 Review of a Report and Recommendation by the Office of the Chair
- §1-68 Relief from Default After Issuance of a Report and Recommendation
- § 169 Reopening of Proceeding
- Subchapter H: Mediation
- Subchapter I: Attorney's Fees
- Subchapter J: Judicial Review
- Subchapter K: Petitions for Agency Rulemaking
Chapter 2. Unlawful Discriminatory Practices
- §2-01 Definitions
- §2-02 Severability
- §2-03 Exemption of Certain Places of Public Accommodations in Relation to Sex Discrimination
- §2-04 Prohibitions on Discrimination Based on Criminal History
- § 2-05 Prohibitions on Discrimination Based on Credit by Employers, Labor Organizations, Employment Agencies, and Agencies Authorized To Issue Licenses, Registrations, or Permits
- § 2-06 Prohibition on Discrimination Based on Gender
- § 2-07 Exceptions to the General Prohibition on Pre-employment Testing for Tetrahydrocannabinols or Marijuana
- § 2-08 Prohibition on Hair Discrimination Based on Race and Religion
- § 2-09 Prohibition on Discrimination Based on Pregnancy, Childbirth, and Related Medical Conditions, and Requirement for Employers to Accommodate Lactation Needs
- § 2-10 Prohibition on Discrimination Based on Sexual or Reproductive Health Decisions
Chapter 3. Age Discrimination Exemptions For Public Accommodations
- §3-01 Definitions
- §3-02 Age-Based Extension of Advantages in Public Accommodations
- §3-03 Age-Based Restrictions in Public Accommodations
- §3-04 Applications for Exemption from §8-107(4)(a) Administrative Code
Proposed Rules
The New York City Commission on Human Rights (the "Commission") is proposing to amend its rules governing employment discrimination based on criminal history.
The Commission held a virtual public hearing on the proposed rule on Thursday, September 5, 2024: Notice of Proposed Rulemaking.
Written comments are available here.
Rulemaking History (2015 - Present)
View text of finalized rules and information about hearings that were held and public comments that were received prior to their adoption.
Amendment to rules establishing a process by which members of the public may submit a petition for the Commission to consider the adoption of rules.
The New York City Commission on Human Rights (the "Commission") held an online public hearing on October 14, 2021, at 10:00am on the proposed rule establishing a process by which members of the public may submit a petition for the Commission to consider the adoption of rules. The Commission voted unanimously to adopt the proposed rules on July 20, 2022.
Download the text of the final rule
Submit a public comment
Amendment to Rules on Pregnancy, Childbirth, and Related Medical Conditions and Sexual and Reproductive Health Decisions
The New York City Commission on Human Rights (the "Commission") amended its rules to correct an error in numbering for the rules related to pregnancy, childbirth, and related medical conditions and sexual and reproductive health decisions in the New York City Human Rights Law. See the text of the final rule.
The Commission voted unanimously to adopt the amended rules on May 24, 2021, and the amended rule will be published in the City Record on June 1, 2021. The amended rules are in effect as of July 1, 2021.
Rules on Pregnancy, Childbirth, and Related Medical Conditions and Sexual and Reproductive Health Decisions
The New York City Commission on Human Rights ("the Commission") amended Title 47 of the Rules of the City of New York to add exceptions to clarify protections on the basis of pregnancy, childbirth, and related medical conditions, lactation accommodations, and sexual and reproductive health decisions.
The Commission held a public hearing on November 12, 2020. View proposed rule. View the pregnancy hearing summary. View written public comments from the November 12th hearing.
The Commission voted unanimously to adopt the proposed rules on February 24, 2021, and will be published in the City Record on March 3, 2021. The final rules are in effect as of April 2, 2021.
Rules on Hair Discrimination
See the text of the rules on Hair Discrimination.
The New York City Commission on Human Rights ("the Commission") amended Title 47 of the Rules of the City of New York to add exceptions to clarify protections on the basis of race, creed, and religion, related to hair textures, hairstyles, including the use of head coverings, and hair lengths, which are commonly or historically associated with a particular race, creed, or religion.
The Commission held a public hearing on October 15, 2020. View the hearing summary. View written public comments from the October 15th hearing
The Commission voted unanimously to adopt the proposed rules on December 14, 2020 and was published in the City Record on December 31, 2020. The final rule is effective as of January 30, 2021.
Rules on Pre-employment Marijuana Testing
See the text of the rules on pre-employment marijuana testing.
The New York City Commission on Human Rights ("the Commission") amended Title 47 of the Rules of the City of New York to add exceptions, based on considerations of health and safety, to the general prohibition on pre-employment testing for tetrahydrocannabinols or marijuana.
The Commission held a public hearing on potential exceptions on January 9, 2020. View the hearing transcript. View public comments from January 9th hearing.
The Commission held a second public hearing on its proposed rules for exceptions on April 16, 2020. The hearing was hosted at https://join.me/CCHR-Public-Hearing and began at 10:00 am. Two members of the public attended; however no one offered any testimony. View public comments from April 16th hearing.
The Commission voted unanimously to adopt the proposed exemptions on June 16 2020, and will be published in the City Record on June 24, 2020. The final rule is effective as of July 24, 2020.
Rules of Practice
See the text of the updated rules of practice.
View the repealed rules (1998)
Rules of Practice Key Changes, September 2019
The New York City Commission on Human Rights ("the Commission") repealed and replaced Chapter 1 of its rules, governing the procedures and practices for filing, investigating, and litigating cases at the Commission.
The Commission held a public hearing on the proposed rule on May 30, 2019. View the hearing transcript. View public comments.
The Commission voted unanimously to adopt the proposed rule on July 30, 2019, and it was published in the City Record on August 6, 2019. The final rule is effective as of September 6, 2019.
Rules on Gender
See the text of the rules on gender.
The Commission amended its rules to establish certain definitions and clarify the scope of protections with respect to gender in the New York City Human Rights Law.
The Commission held a public hearing on the proposed rule. The public hearing took place at 11am on September 25, 2018. View hearing transcript. View public comments.
The Commission voted unanimously to adopt the proposed rule on Thursday, January 31, 2019, and it was published in the City Record on February 7, 2019. The final rule became effective on March 9, 2019.
Rules on the Stop Credit Discrimination in Employment Act ("SCDEA")
The New York City Commission on Human Rights amended its rules regarding credit discrimination in employment and applications for licenses and permits. These rules add a new section 2-05 to the Commission's rules to: specify chargeable violations under the SCDEA; clarify that employers are prohibited from requesting or requiring waivers authorizing credit checks; clarify that exemptions to coverage under the SCDEA are to be construed narrowly; define positions involving a "high degree of public trust" and provide detail regarding certain exemptions under the SCDEA; set penalties for administrative actions under the SCDEA; and provide notice that the Early Resolution process will be used for certain per se violations of the SCDEA.
A hearing on the proposed rules on the Stop Credit Discrimination in Employment Act was held on Thursday, August 17, 2017. Members of the public were invited to comment. View public comments
The Commission voted to adopt the proposed rules on November 15, 2017 and they were published in the City Record on November 24, 2017. The final rules became effective on December 24, 2017.
Rules to Amend Fair Chance Rules to Fix Clerical Error
The New York City Commission on Human Rights amended its rules implementing the Fair Chance Act to fix a clerical error.
No public hearing was held on the ground that the Commission determined, pursuant to Charter sec. 1043(e), that a hearing would serve no public purpose. Members of the public were invited to comment. No comments were received.
The Commission voted to adopt the proposed rules on November 15, 2017 and they were published in the City Record on November 24, 2017. The final rules became effective on December 24, 2017.
Rules Implementing the Fair Chance Act
See amendment to Fair Chance rules as of December 2017
The New York City Commission on Human Rights amended its rules to establish certain definitions and criteria around procedure and application of the Human Rights Law provisions regarding unlawful discrimination on the basis of criminal history against job applicants and employees, and applicants for licenses, registrations and permits, enacted by Local Law No. 63 of 2015, the Fair Chance Act. These rules amend title 47 of the Rules of the City of New York.
A hearing on the proposed rules on the Fair Chance Act was held on Monday, March 21, 2016. Members of the public were invited to comment. View public comments
The Commission voted to adopt the proposed rules on June 28, 2017 and they were published in the City Record on July 6, 2017. The final rules became effective on August 5, 2017.
Rule Delegating Authority to Propose Rules
The New York City Commission on Human Rights amended its rules to clarify that authority is delegated to the Chair of the Commission by the Commission to propose rules prior to the adoption of final rules. These rules amend title 47 of the Rules of the City of New York.
A hearing on the proposed rules was held on February 8, 2017. Members of the public were invited to comment. No comments were received.
The Commission voted to adopt the proposed rules on June 28, 2017 and they were published in the City Record on July 6, 2017. The final rules became effective on August 5, 2017.