Rules

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.

Proposed Rules

Proposed rules are non-finalized rules that the Commission is considering adopting. Members of the public are invited to comment on proposed rules and a public hearing will be held prior to the adoption of any proposed rules.

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.

 

Official Rules of the Commission on Human Rights

(Title 47 of the Rules of the City of New York)

 

Chapter 1. Practice and Procedure

Chapter 2. Unlawful Discriminatory Practices

Chapter 3. Age Discrimination Exemptions For Public Accommodations

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Proposed Rules

Proposed Rules on Hair Discrimination
The New York City Commission on Human Rights is proposing to amend its rules 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. These proposed rules will amend Title 47 of the Rules of the City of New York.

A hearing on the proposed rules was scheduled for April 21, 2020, but has been postponed indefinitely due to the COVID-19 pandemic. Notice of a revised hearing date will be announced at a future time. View this PDF to see the proposed rule on discrimination based on hair.

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.

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Rulemaking History (2015 - Present)

Rules of Practice

See the text of the updated rules of practice.

View the repealed rules (1998).

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 transcriptView 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 transcriptView 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”)

See text of SCDEA Rules.

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 text of Fair Chance rules

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

See text of delegation rule.

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.

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