Growing companies and start-ups in New York should be intimately familiar with New York laws that govern labor and employment, and remain compliant with those laws. Importantly, employers should understand that while New York is known for taking a much more comprehensive approach to protected characteristics and/or classifications of employees, the NYSHRL is applicable to all employers within the state.
To move this discussion forward, we will look into what the New York City Human Rights Law says about discrimination, harassment, and retaliation against employees in New York and how employers can remain compliant with the statute.
Discrimination & Retaliation under the NYCHRL (New York City Human Rights Law)
Just like the NYSHRL covers employers within the state, the NYCHRL covers employers within New York City. This implies that employers within the city must remain compliant with the law. Similarly, pursuant to N.Y.C. Admin. Code § 8-107, the NYCHRL prohibits and illegalizes discrimination against employees, including unpaid interns, based on color, sexual orientation, sex, race, age, status as a victim of domestic violence, marital status, familial status, disability, creed, or national origin, citizenship or alienage status, uniformed service, reproductive and sexual health decisions, caregiver status, and partnership status.
However, pursuant to N.Y.C. Admin. Code § 8-102, and unlike the NYSHRL, the NYCHRL is generally only applicable to employers with at least four employees. Nonetheless, irrespective of employee count, sexual harassment is prohibited under this statute. Importantly, this provision is applicable to all employers. As will be discussed in upcoming blogs under this series, one notable thing is that both the NYCHRL and NYSHRL restrict the type and kind of information employers can collect and/or obtain from potential candidates.
Lastly, discrimination against employees due to pregnancy, whether perceived or actual, is prohibited by the NYCHRL. Therefore, as best practice, employers within New York City should provide pregnant employees with reasonable accommodations.
In Part III of this series and our blog post titled “Discrimination & Retaliation underthe New York Equal Pay Act,” we will move the discussion forward by hammering on what the New York Equal Pay Act says about discrimination, harassment, and retaliation against employees in New York and how employers can remain compliant with the statute.
As usual, stay tuned for more legal guidance, training, and education.
In the meantime, if you have any questions or comments, please let us know on the Contact Us page!
Always rising above the bar,
Isaac T.,
Legal Writer & Author.