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)

Download a PDF of the Rules

Key Changes to Chapter 1 (effective September 6, 2019)

Chapter 1. Practice and Procedure

Chapter 2. Unlawful Discriminatory Practices

Chapter 3. Age Discrimination Exemptions For Public Accommodations

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Proposed Rules

The Commission is proposing to amend the 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") will hold an online public hearing on October 14, 2021, at 10:00 a.m. on a proposed rule concerning the rules to establish a process by which members of the public may submit a petition for the Commission to consider the adoption of rules. Join the hearing by using WebEx at this link. You may also join in by calling (408) 418-9388 and using the access code 179 880 4410.

Anyone can comment on the proposed rules through:

  • Website. You can submit comments to the Commission through the NYC Rules website.
  • Email. You can email comments to policy@cchr.nyc.gov. Please include a reference in the subject line to “Rules on petitions for the Commission to consider the adoption of rules."
  • Fax. You can fax comments to our Policy team: (646) 500-7259.
  • Speaking at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by emailing policy@cchr.nyc.gov.

If you require a reasonable accommodation, please contact policy@cchr.nyc.gov or (212) 416-0261 by October 7, 2021.

Download the Notice of Public Hearing and Opportunity to Comment on Proposed Rule.

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Rulemaking History (2015 - Present)

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

See the text of the rules on Discrimination based 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")

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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