We can all agree that employment, particularly in the private sector, is one of the most contentious issues in almost every state, including New York. This is why growing companies and start-ups in New York should (1) be intimately familiar with New York laws that govern labor and employment and (2) be compliant with these laws.
It is also critical to note that New York has many employment and labor laws that are only applicable to employers with a specific number of employees. For this reason, employers need to take proactive steps in confirming which laws apply to their businesses or companies, or that are likely to be applicable as the employee headcount increases with the growth of the company or business. It goes without saying that employers, particularly growing companies and start-up businesses, regularly review procedures and policies, as well as seek expert help to assist in conducting compliance audits.
With that said, let us dive right in.
Discrimination & Retaliation under NYSHRL (NYS Human Rights Law)
Did you know that pursuant to N.Y. Exec. Law § 292(5), the NYSHRL is applicable to all employers within the state? Yes, if you are an employer within the state of New York, then you are covered by this law and must be compliant with it. It is worth noting that, as opposed to federal law, New York is known for taking a much more comprehensive approach to protected characteristics and/or classifications of employees.
Pursuant to N.Y. Exec. Law §§ 296, 296-c, the NYSHRL 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, predisposing genetic attributes, disability, military status, creed, or national origin.
This implies that employers should be keen not to infringe or contravene New York employment and labor laws that prohibit employment discrimination, harassment, or retaliation based on any of the attributes and/or classifications mentioned above.
Notably, due to the more comprehensive approach New York takes to these protected attributes and/or classifications, discrimination due to pregnancy is also viewed as a form of discrimination based on familial or sex status by courts in New York. As a best practice, employers should provide pregnant employees with reasonable accommodations.
In Part II of this new series and our blog post titled “Discrimination & Retaliation under the 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.