understanding-the-new-york-city-human-rights-law-and-its-impact-on-employment

Understanding the New York City Human Rights Law and Its Impact on Employment

While we would all love for our workplaces to foster growth, inclusion, and respect, too many of us would simply be satisfied with being treated like a living, breathing human being–without fear of prejudice or mistreatment. Yet, when discrimination or harassment creeps into the workplace, the consequences ripple out into the rest of society, which is why the powers that be enacted the New York City Human Rights Law–a law with some of the strongest anti-discrimination prohibitions in the country. Join our New York employment discrimination attorneys as they explore how the New York City Human Rights Law impacts employment.

What Is the New York City Human Rights Law?

In the heart of the city that never sleeps lies a law designed to shield its residents and workers from unfair treatment. This law–the New York City Human Rights Law (NYC Human Rights Law)–is rooted in Title 8 of the NYC Administrative Code and far exceeds the discrimination protections offered by the State of New York and the federal government.

What does it say about employment in New York City?

Well, it prohibits New York City employers from discriminating against employees and prospective employees based on:

  • Race, ethnicity, and national origin
  • Immigration status
  • Citizenship
  • Color
  • Gender, including identity and expression
  • Sexual orientation
  • Disability
  • Age
  • Height or weight
  • Marital or partnership status
  • Pregnancy and lactation
  • Religion or creed
  • Caregiving responsibilities
  • Being a victim of domestic violence, stalking, or sexual assault
  • Sexual and reproductive health decisions
  • Veteran or active military status
  • Credit history
  • Arrests or convictions
  • Unemployment status
  • Salary History

These protections extend beyond the traditional definition of “employee” and protect freelancers, independent contractors, and domestic workers.

How the NYC Human Rights Law Protects Workers

The NYC Human Rights Law ensures that employees across all industries are protected from discrimination, harassment, and retaliation in their workplaces. Here’s what you need to know about your rights:

Employment Protections

The NYC Human Rights Law prohibits discrimination in any aspect of employment, including:

  • Hiring, job postings, and interviews
  • Salary and benefits decisions
  • Promotions, demotions, and performance evaluations
  • Disciplinary actions or terminations
  • Any decision affecting the terms and conditions of your job

If you believe you’ve been treated unfairly in any of these areas, the NYC Human Rights Law offers you a path to seek justice.

Your Right to Reasonable Accommodations

The law requires employers to provide reasonable accommodations that enable employees to perform their jobs effectively. These accommodations are mandatory unless they create an undue hardship for the employer. You may be entitled to adjustments for:

  • Disability: Modifications for physical, mental, or psychological conditions.
  • Pregnancy and Childbirth: Support for pregnancy-related needs, recovery, and medical conditions.
  • Religious Practices: Flexibility for observing holy days or accommodating other religious needs.
  • Domestic Violence Survivors: Adjustments for safety and well-being if you are a victim of domestic or sexual violence or stalking.
  • Lactation: Access to private lactation spaces and reasonable time to pump breast milk.

These protections are designed to ensure all workers can thrive without barriers to success.

Protections for All Types of Workers

Unlike many employment laws, the NYCHRL protects freelancers, contractors, and domestic workers—extending its safeguards to those in non-traditional roles. Whether you’re in an office, working from home, or hired for a project, the law applies to you.

By clearly outlining your rights, the NYCHRL empowers you to hold employers accountable and ensures that New York City workplaces remain inclusive and equitable for everyone.

Who Enforces the NYC Human Rights Law?

The New York City Commission on Human Rights (Commission) oversees the implementation and enforcement of the NYC Human Rights Law. Employees who believe their rights have been violated can file a complaint with the Commission or pursue legal action in court. Recent amendments to the law have further strengthened protections, particularly for marginalized communities and underrepresented groups in the workplace.

One key development is the increased focus on bias in hiring algorithms and workplace technologies. Employers are now required to ensure that their recruitment and evaluation tools do not inadvertently discriminate against protected groups, reflecting the city’s commitment to equity in emerging technologies.

What NYC Employers Should Do

Navigating the complexities of compliance can be challenging, but it is non-negotiable. Employers can safeguard their organizations by:

  1. Creating Clear Policies: Comprehensive anti-discrimination policies should set expectations and establish reporting channels.
  2. Training Regularly: Empower managers and employees to recognize and combat workplace biases.
  3. Conducting Internal Audits: Regularly evaluate hiring practices, performance reviews, and workplace dynamics for hidden inequities.

Failure to act can lead to legal repercussions and a loss of trust and morale among employees.

What to Do If Your Rights Are Violated

If you believe your employer has violated your rights under the NYC Human Rights Law, follow these steps:

  • Keep Detailed Records: Document incidents meticulously, including dates, times, and details of discriminatory or harassing behavior.
  • File a Complaint: Report concerns internally or submit a claim to the Commission.
  • Seek Legal Counsel: Speak with an experienced employment attorney to determine your options.

When violations occur, know that help is available. At Lipsky Lowe, we’re committed to championing your rights and holding employers accountable. Contact us today to explore how we can assist you in navigating this process.

About the Author

Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.