Employer Coverage under the New York City Human Rights Law (NYCHRL)
- Exemptions
Pursuant to NYC Administrative Code § 8-107, subd.1(f), the NYCHRL is not applicable to individuals employed by their spouses, children, domestic partner(s), or parent(s).
- Types of Employers Covered
Pursuant to NYC Administrative Code 8-102, any employer with 4 individuals as its employees at all times during the duration starting 1 year prior to the beginning and going forward through the end of an unlawful discriminatory act/practice is not included as a covered employer. However, under the NYCHRL and pursuant to subdivision one of section 8-107, this applies provided that in a legal action for an unlawful discriminatory act/practice on the basis of gender-based harassment, the term “employer” shall encompass any employer, including any that has at least 4 individuals as their employees.
For the purposes of this definition, (i) the spouse, child, parent, or domestic partner employed by the employer is considered to be in such an employer’s employ and (ii) natural persons are included and considered to be individuals in such an employer’s employ as long as they are working in furtherance of the business enterprise of the employer.
- How to Calculate the Required Number of Employees
This statute is applicable to all employees, freelancers, independent contractors, and interns unless the individual is employed by his or her child/children, domestic partner, spouse, or parent(s). However, pursuant to NYC Administrative Code § 8-102, such members of a family are considered and included during the determination of whether the employer has 4 or more employees.
- Minimum Count of Employees Required to Trigger Employer Coverage
Finally, pursuant to NYC Administrative Code 8-102, the number of employees and/or independent contractors needed to bring an employer under coverage under the HYCHRL is at least 4.
In Part II of this series, we will move this discussion forward by hammering on “Employer Coverage under the New York State Human Rights Law (NYSHRL)” and provide an overview of similar key issues discussed above, specifically related to the NYSHRL. As usual, stay tuned for more legal guidance, training, and education.
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Always rising above the bar,
Isaac T.,
Legal Writer & Author.