Executive Order 16 requires all New York City agencies to provide employees and members of the public access to single-sex facilities consistent with their gender identity or gender expression without having to show identification, medical documentation, or any other form of proof or verification of gender. Single-sex facility is defined as “any facility which has separated designated spaces on the basis of sex or gender, which includes, but is not limited to: bathroom, locker rooms, waiting areas, pools, saunas, lounges, or living spaces.” The Single Sex Facilities Policy Poster clarifies that denying access to bathrooms or other single-sex facilities based on gender identity or expression is a violation of the New York City Human Rights Law.
Agencies must provide supervisory and frontline staff training approved by the Department of Citywide Administrative Services. The training for supervisory staff must be completed within one year of the effective date of the Order (March 7, 2016) and every two years thereafter. The training for frontline staff must be completed within two years of the effective date of the Order and every two years thereafter. Additionally, all agencies must update their annual Equal Employment Opportunity plans to incorporate the training requirements, and must report the steps being taken to comply with the Order to the Department of Citywide Administrative Services.
All New York City public agencies must post the Single Sex Facilities Policy Poster in conspicuous locations.