Caregiver responsibilities are increasingly part of working life, and New York City law provides clear protections against discrimination based on those responsibilities. Employees who care for children, aging parents, or family members with disabilities may face unfair treatment at work because of assumptions about availability, commitment, or reliability. Under the New York City Human Rights Law, caregivers are protected from discrimination in hiring, pay, promotions, scheduling, and other terms of employment.
What Is Caregiver Discrimination Under NYC Law?
Caregiver discrimination occurs when an employer treats an employee less favorably because of their caregiving responsibilities. In New York City, “caregiver status” is a protected characteristic under the NYC Human Rights Law. This protection applies to employees who provide direct and ongoing care to:
- A child
- A parent
- A spouse or domestic partner
- A parent-in-law
- A grandparent or grandchild
- A sibling
- An individual with a disability who relies on the employee for care
Unlike federal law, which offers limited caregiver protections, NYC law explicitly prohibits adverse treatment based solely on caregiver status.
How Caregiver Discrimination Shows Up in the Workplace
Caregiver discrimination often appears through subtle decisions rather than explicit statements. Common examples include:
- Being passed over for promotion because an employer assumes a caregiver will not be available
- Denial of flexible scheduling that is offered to non-caregivers
- Negative performance evaluations tied to caregiving responsibilities rather than job performance
- Reduced hours or undesirable shifts after disclosing caregiving duties
- Comments suggesting caregivers are less committed or dependable
These actions may violate NYC law even if the employer does not intend to discriminate. The focus is on whether the employee was treated less well because of caregiver status.
Caregiver Discrimination vs. Family and Medical Leave
Caregiver discrimination is distinct from leave-related rights. Laws such as the Family and Medical Leave Act and New York Paid Family Leave address time off from work. Caregiver discrimination law focuses on how employees are treated because they have caregiving responsibilities, regardless of whether leave is requested or taken.
An employer may comply with leave laws and still violate NYC law by penalizing an employee for being a caregiver in other ways, such as limiting advancement opportunities or altering work assignments.
What Employers Can and Cannot Do
Employers may set legitimate job requirements, such as attendance expectations or performance standards, but they must apply those rules consistently. Employers may not:
- Make employment decisions based on stereotypes about caregivers
- Apply flexibility policies selectively to exclude caregivers
- Retaliate against employees who raise concerns about caregiver discrimination
When caregivers request workplace changes, employers should engage in a good-faith discussion rather than dismissing requests based on assumptions.
How Employees Can Respond to Caregiver Discrimination
Employees who believe they are experiencing caregiver discrimination may consider these steps:
- Document changes in treatment, schedules, or performance feedback.
- Keep records of comments or actions tied to caregiving responsibilities.
- Review company policies related to flexibility, scheduling, and accommodations.
- Raise concerns internally if safe to do so.
- Seek legal guidance to understand options under NYC law.
Early documentation can be critical, especially when discrimination develops gradually.
Know Your Rights as a Caregiver in NYC
Caregiving responsibilities should not limit an employee’s career opportunities or subject them to unfair treatment. New York City law recognizes caregiver status as a protected characteristic and provides meaningful remedies when discrimination occurs.
If you believe your employer treated you unfairly because of your caregiving responsibilities, contact Lipsky Lowe for a confidential consultation. Understanding your rights can help you take informed steps to protect your job and your future.
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.