New York stands firm against employment discrimination across the state, and in 1945 it was the first state to enact a Human Rights Law. New York State’s Human Rights Law is a strong piece of legislation addressing discrimination in employment, education, housing, access to public accommodations and credit. The NYSHRL also provides protection to employees against harassment and retaliation. The New York State Division of Human Rights oversees the enforcement of the NYSHRL.
Under the NYSHRL, an employer may not fire you, refuse to hire you or discriminate against you in pay, benefits, compensation, terms and conditions of employment, or job privileges due to any of the following:
- Age
- Race, creed, color, national origin
- Sexual orientation
- Military status
- Domestic violence victim status
- Predisposing genetic characteristics
- Arrest record, conviction record
- Gender, sex
- Marital status
- Disability
This law extends protection to pregnant workers under the gender and disability categories. If you are pregnant, it is illegal for your employer to require that you take a leave of absence, unless you are unable to perform your normal job duties because of the pregnancy. Additionally, courts have interpreted the NYSHRL to include morning sickness and other pregnancy-related maladies as qualified disabilities under this law.
If you experience discrimination under the NYSHRL, you may file a complaint with the NYSDHR within one year of the most recent act of discrimination. Alternatively you can file a civil lawsuit. However, if you do so, you may not file the administrative action. With the filing of your administrative complaint, the NYSDHR is required to investigate and resolve your grievance.
Under the NYSHRL, the NYSDHR can impose penalties and fines, and award damages for acts of discrimination and harassment. The Division may also order employers to take specific actions, such as establish and implement anti-discrimination policies for the workplace and official procedures for reporting discriminatory behavior.
Employers with a minimum of four employees are subject to the NYSHRL. If your employer is your parent, spouse or child, he/she is exempt. Domestic workers are protected from harassment under the NYSHRL. Employment agencies and labor organizations must also adhere to this law. Contact a NY Employment Attorney to protect your rights under this law.