GENDER IDENTITY/GENDER EXPRESSION MYTHS VS.

FACTS

1
MYTH FACT 5
MYTH FACT
The New York City The New York City The New York City If an individual identifies
Human Rights Law Human Rights Law Human Rights Law as a man, he is not
was amended in 2015 (NYCHRL) was amended allows men to enter the permitted to use the
to include protections in 2002. women’s bathroom and women’s room.
for gender identity and vice versa.
gender expression.
The NYCHRL allows individuals to use the bathroom that is
The de Blasio administration released legal enforcement consistent with their gender identity.
guidance in 2015 to help New Yorkers gain a better
understanding of their rights and responsibilities under
the NYCHRL.

6
MYTH FACT
2
MYTH FACT Allowing transgender
people to use facilities
consistent with
Crime statistics show
that transgender people
are disproportionately
If a man pretends to Since the law was their gender identity more likely to be
be a woman so he can passed in 2002, threatens women the victims, not the
use the women’s room there have been no and children, and will perpetrators, of violence
(or vice versa) in order documented cases of increase the likelihood in bathrooms, locker
to harass members of men in NYC pretending of violence and crime in rooms, etc.
the opposite sex, there to be women in order those facilities.
is no legal recourse to harass women in the
for the victims of the bathroom. There is no evidence to suggest that allowing individuals
harassment. access to the facilities that align with their gender identity
increases incidence of violence. It ostracizes transgender
That being said, harassment, stalking, and other types of people if we credit the misperception that they are a threat.
criminal activity are still illegal; permitting individuals to Worse, it takes focus away from the work we can do to keep
use the bathroom consistent with their gender identity and everyone safe.
expression does not change that. If someone of any gender
commits a crime in a single-sex facility, they are subject to
prosecution, as well as possible charges under the NYCHRL.

7
MYTH FACT
3
MYTH FACT Businesses cannot
adopt their own policies
on use of their facilities.
The NYCHRL does not
prevent businesses
from adopting policies
Transgender women are Gender identity is not delineating acceptable
not “real” women, and based on one’s sex behavior for the use of
transgender men are not assigned at birth. their facilities, provided
“real” men. that the policies are not
If someone’s gender identity is female, then that person is discriminatory.
a woman – regardless of what her birth sex was – and she For instance, if the business is concerned about peeping, it
should be treated as a woman. Similarly, if someone’s gender can institute a “No Loitering” rule. Other examples include
identity is male, then that person is a man, and he should be making all single-occupancy restrooms unisex; or requiring
treated as a man. that restrooms are locked and anyone needing to use them
needs to see the receptionist for a key.

MYTH FACT

4

The gender identity/

gender expression
The NYCHRL protects
all people against
8
MYTH FACT
If the clients/students/ An organization cannot
statutes of the NYC discrimination based customers at an agency/ engage in discriminatory
Human Rights Law on gender identity and school/business object practices under
protect only transgender expression. to transgender people any circumstance.
individuals. using the facility of their Customer preference
This includes transgender and gender non-conforming choice, the agency/ or discomfort is never
people, as well as cisgender (non-transgender) individuals. school/business should a justification for
For example, a restaurant owner may not require only female change its policies to discrimination.
bartenders to wear make-up or only male servers to wear ties. satisfy those objecting.
The NYCHRL also protects people from discrimination based
on gender stereotypes or norms, regardless of their gender For example, hospitals may not agree to replace a nurse
identity or expression. For example, a cisgender man may of a specific race with someone of a different race. A
not be refused entrance to the men’s locker room because he restaurant owner that refuses to hire a Muslim greeter,
appears effeminate or has long hair. because some patrons claim it makes them uncomfortable,
violates the NYCHRL. Agreeing to the unfounded fears and
misconceptions around transgender inclusive policies is
unlawful and perpetuates discrimination. The Commission
can help covered entities educate their clients and customers
about how inclusion creates a safer space for everyone.

nyc.gov/humanrights or call 311

TM

Commission on
Human Rights
@NYCCHR