LGBTQIA+ rights

The human rights laws of both New York state and New York City generally offer greater protections than federal laws do. In general, New York’s anti-discrimination laws are interpreted broadly. These laws prohibit discrimination against residents, workers, and visitors to New York, as well as people outside of the state who apply to work in New York. These laws also protect people from retaliation. For instance, you are protected from being punished by an employer, landlord, or other entity for exercising your legal rights if you complain about discrimination.

An employer, housing provider, or public accommodation (for example, a restaurant, bank, hospital courthouse) cannot deliberately refuse to use your chosen name, pronoun, or title based on your gender identity or expression. You have the right to use your chosen name and pronoun regardless of your medical history, appearance, legal name change, or the gender on your IDs.

Employers, housing providers, and public accommodations must respect your name. There are very limited exceptions where certain federal, state, or local laws require otherwise. For example, you may have to use the name listed on official identification documents to apply for employment with the government or for payroll purposes.

Generally, New Yorkers can choose or change their gender markers to M, F, or X on their state-issued identity documents, for example, their driver’s license, state ID, and on their birth certificate issued by New York state or New York City.

Birth certificates issued by New York state can be changed for individuals 17 years and older. For New Yorkers 16 years and younger, the custodial parents or legal guardians of the minor may change the gender designation on a birth certificate, but only if the requesting parent or legal guardian must be on the birth certificate. For birth certificates issued by New York City, New Yorkers must be 18 or involve their parents or legal guardians.

• For legal name changes, adults can change their name or gender marker. Minors under 18 years old can change their name or their gender marker, but usually are required to involve a parent, guardian, or “next friend” (another person who can represent them in court) in the process. You usually apply for a legal name change or gender change in the Supreme Court of your county, or in New York City, any of the Civil Courts.
• New Yorkers can change their New York marriage certificate or school transcript to list the correct name and gender.

For other documents issued by the federal government, like your U.S. passport, Social Security record, and immigration documents, as well as your Medicare record, consult an attorney or local resources to determine appropriate next steps.

You have the right to stay in long-term care facilities and to be free from discrimination related to your  gender, gender identity, gender expression, sexual orientation, or disability (including HIV/AIDS status).  

For example, your landlord or managing agent cannot do any of the following:  

• refuse to rent to you on the same conditions as other tenants because you are LGBTQIA+ 
• refuse to give you benefits that other tenants receive because you are lesbian 
• share your sexual orientation or gender identity with your neighbors or managing agent 
• create additional rules for housing based on your protected status 
• subject you to sexual harassment or demand sexual favors 
• ask you questions about your gender identity or expression or assigned sex at birth 
• refuse to use your name or pronoun 

• retaliate against you for opposing an unlawful practice by terminating your lease or other acts to punish you 

You may be eligible for a reasonable accommodation based on your disability or gender dysphoria, or based on your status as a victim of domestic violence or stalking, or because you are a victim of a sex crime. But it may not be possible to obtain one if it’s too costly or burdensome or creates an undue hardship for the housing provider. If you request a reasonable accommodation, you may want to do the following, especially in case you to file a complaint later:

• put your request in writing and keep the response you receive from your housing provider
• take notes
• document time, place, what happened, and who said what
• save copies of emails and names of individuals and their position

In New York City, your housing provider must provide their final decision in writing.

Facilities like bathrooms and locker rooms that can be used by more than one person at a time are usually marked for one gender. You have the right to use the one most consistent with your gender identity, regardless of your sex assigned at birth, the sex indicated on your identification, your anatomy, medical history, or appearance. Most single-use or single-occupancy bathrooms in New York state and New York City are required to be labeled as “all-gender,” “unisex,” “gender neutral,” or something similar.

Mental health professionals are not allowed to use the practice of conversation therapy on patients under the age of 18. Note that this ban does not apply to non-licensed individuals, including clergy or other individuals at faith-based or nonprofit organizations.

The New York State Human Rights Law, New York City Human Rights Law, and New York State Civil Rights Law prohibit discrimination. These laws cover many facilities, including public facilities like pools and athletic fields. These covered entities are not allowed to discriminate against you based on your sex, gender identity, or gender expression.

If you have a disability or are a victim of domestic violence, public accommodations and schools are required to provide you with a reasonable accommodation to enjoy the services the same as others, absent undue hardship, such as if it’s not possible, or if it’s too costly. You may not receive your preferred accommodation.

Excluding religious organizations, schools cannot discriminate against you based on your: actual or perceived sex, gender identity or expression, sexual orientation, or disability.

You are protected under state law against discrimination based on sex, including gender identity and expression, and the school must take action to investigate and correct discrimination or harassment. This protection applies to inclusion in sex-separated facilities and activities, such as restrooms and locker rooms, physical education classes and athletics, and other kinds of programs. Under the Dignity Act and the Human Rights Law, you are protected from discrimination.

You are also protected from discrimination, bullying, and harassment based on gender identity and sex stereotypes. 

You can use your name and gender consistent with your gender identity. While some New York permanent records may require a parent or guardian to change the information if you are under 18, you can request changes on other school-related documents. Parents and legal guardians retain the ability to access your records.

New York public schools are also prohibited from having a gendered dress code (for example, requiring boys to wear pants and girls to wear skirts).