As part of our tradition and culture, we are, at Miletti Law, committed to ensuring that our clients and the public are adequately informed about the laws that affect diverse areas of their lives. Some of these laws include Employment & Labor Laws, which affects both employees and employers.

In this blog, while we will enlighten employees about some of the most significant New York City’s labor and employment laws that affect them directly or indirectly, we aim to provide employers with clues on best practices so that they can remain compliant. Specifically, we will focus on what the law says when it comes to harassment, discrimination, and retaliation in the workplace.

WORKPLACE HARASSMENT, DISCRIMINATION, AND RETALIATION

Ideally, issues related to workplace harassment, discrimination, and retaliation are both broad and sensitive, and so are the laws that govern them. It is no secret that currently, workplace harassment, discrimination, and retaliation are common issues in some workplaces in NYC. This is why is it is crucial for every NYC resident, particularly employees and employers, to be in the know regarding what the law says about the same.

Let’s now dive in.

Employers and employees in NYC must consider how one the most vital local law affects them. While it is considered a provision against workplace harassment and/or discrimination, this law is known as The New York City Human Rights Law (NYCHRL).

Before we discuss the particulars, reach, and application of NYCHRL, it is crucial for employees and employers to note that they are also covered by other laws related to harassment and/or discrimination and applicable within the jurisdiction of the State of New York and the Federal Government of the United States. These laws include but are not limited to:

The New York State Human Rights Law (NYSHRL);

The anti-discrimination federal laws (particularly Title VII of the Civil Rights Act).

Notably, the interpretation of these state and federal laws has not been significantly broad until the adoption of recent amendments, such as those made to NYCHRL in 2019. However, something is worth mentioning. Following the enactment of the Local Civil Right Restoration Act by the New York City Council in 2005, courts within NYC were instructed that, in order to achieve the law’s remedial and extensive purposes, they should liberally construe the NYCHRL’s provisions.

On the same gear, let’s now focus our attention to the NYCHRL.

Whom does the NYCHRL protect?

Those protected by NYCHRL against workplace harassment and discrimination include Employees; Independent contractors; Interns; Job applicants; and Freelancers of covered employers. However, it also prohibits various forms of retaliation that disparately impact employees.

What is the Extent of the NYCHRL’s Reach and Application?

As mentioned above, the NYCHRL has a wide reach and application as compared to other related state and federal laws. Such broad reach is found in the following areas:

  • An employer must have at least four employees in order to be covered by the NYCHRL;
  • Independent contractors, ‘gig’ employees, applicants, and interns are also protected from harassment, discrimination, and retaliation by the NYCHRL;
  • A set of individual characteristics, including salary history, consumer credit history, unemployment status, sex offenses, domestic violence status, reproductive & sexual health decisions, and caregiver status, are covered under the NYCHRL. It is crucial to note that the state and federal laws do not offer protections for these personal attributes.
  • Regardless of their size, all employers are bound by the prohibition on sexual harassment under the NYCHRL;
  • The NYCHRL provides protections against a hostile work environment;
  • The NYCHRL also offers strict vicarious liability on employers due to unlawful harassment of a supervisor, regardless of the former was aware of the latter’s conduct or not;

What Happens When The NYCHRL Is Violated By The Employer?

Since there is no cap on recoverable damages under the NYCHRL, violators of the NYCHRL can face significant fines, potential damages, additional actions, and a wide range of various fees, fines and penalties. Examples of these include:

  • The award of front pay or back pay;
  • The reinstatement, hiring, or promotion of employee(s);
  • Compensatory damages due to mental torture, physical suffering, inconveniences, and/or emotional pain;
  • Engagement in or admission to a training program.

What about punitive damages, cost of claims, private rights of action, and civil penalties?

#Be in the know; do not miss part II. In the interim, if there are any questions or comments, please let us know at the Contact Us page!