In our blogs on the provisions and statutes provided by the law towards protecting individuals (whether employees, interns, or job applicants) against discrimination, harassment, and retaliation based on various attributes, classes, or categories, we mentioned that Title VII and the NYSHRL are very comprehensive in their provisions. In this regard, it is crucial to note that although the information provided herein only applies to private employers, both of these laws vary in their coverage of employers, particularly based on the number of employees an employer has as follows:

  • Employer Coverage Under Title VII – on the one hand, pursuant to 42 U.S.C. § 2000e(b), only employers with 15 employees at every day of work in each of 20 or more calendar weeks in the preceding or current calendar year are covered by Title VII.
  • Employer Coverage Under the NYSHRL – On the other hand, pursuant to N.Y. Exec. Law § 292(5), only employers within the state of New York are covered by the NYSHRL. In our blog accessible through https://milettilaw.com/key-provisions-concerning-discrimination-harassment-retaliation-under-the-new-york-state-human-rights-law/, we mentioned that pursuant to N.Y. Exec. Law § 292(5), the NYSHRL law is applicable to all employers within the State of New York. However, although the state has taken a much broader approach when it comes to protecting employees and job applicants against discrimination, harassment, and retaliation based on protected attributes, categories, and classes, the NYSHRL does not, in any way, pre-empty the provisions provided by Title VII concerning the protection of job applicants and employees against discrimination, harassment, and retaliation based on various protected attributes, categories, and classes.

As usual, in case you need further clarification regarding the information shared in this blog post, we, the authoritative force in Employment & Labor Law, serving as primary counsel or cumis counsel and providing diverse legal services in both a traditional and online, web-based environment, whether it be for small or large-scale businesses on a panel or a case-by-case basis, are just a call or email away!

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Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.