You can agree with us that, at times, getting the right legal representation and finding a good attorney feels like trying to catch a fish while running away from a twenty-foot high tide, especially when time and money are of the essence and the pressure of getting results before you move too far down the rabbit hole is building up. Certainly, only when you desperately need reliable legal representation, probably not from the types of Saul Goodman, will you understand the importance of having the right attorney by your side. So, are you looking for legal representation? Do you need an attorney with the skills and legal expertise that match your needs? How much do you value your time and hard-earned money? Then look no further because whenever you require legal representation, the Law Offices of Vincent Miletti, Esq., the Strongest Name in Law, got your six.

We are the authoritative force in Employment & Labor Law, providing diverse legal services in both a traditional and online, web-based environment, whether be it for small businesses or large-scale businesses on a panel or a case-by-case basis. Hitherto, serving as primary counsel or cumis counsel, we are not only taking over the industry when it comes to Employment Defense and Employment Practices, but also in Intellectual Property Defense (Trademark, Copyright, and Proprietary Information), Management Side Defense, Regulatory and Compliance, Business Law & Corporate Law, and Professional Liability, among others. Whether serving directly or on behalf of a third party (EPLI, D&O, E&O), we stay unusually motivated® to take on all your needs!

Operating in Brooklyn, New York, the larger New York City, and New York State, as well as in the firm’s new office located in Astoria Queens, your life-changing encounter with Vinny Miletti Esq., the founder and owner of Miletti Law®, whose legal expertise, knowledge, and experience has grown immensely over time since the firm first opened its doors is just an email and/or a call.

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In this regard, this blog is titled “Discrimination & Retaliation under NYSHRL (NYS Human Rights Law)” and is an introduction to a new series, “Key Employment Law Issues for Businesses & Companies in New York.” 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 critical to note that New York has many employment and labor laws that are only applicable to employers with a specific count 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. This 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 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 interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.