Aimed to prohibit discrimination against protected classes, groups, or characteristics of people, anti-discrimination or non-discrimination laws comprise some of the most important laws in the field of employment. Generally, private employers are prohibited by federal employment anti-discrimination laws from discriminating against individuals under their employment based on protected attributes, categories, and characteristics that include but are not limited to race/color, citizenship status, national origin, age, and sex. In addition, although a good number of them expand and mirror protections and provisions of many federal laws, various states have enacted, passed, and implemented their own anti-discrimination laws.

In this blog, we have analyzed key provisions, statutes, and protections of federal employment anti-discrimination laws and compared them with their counterparts under New York state laws. Notably, national origin and religion include the protected characteristics/categories discussed in this blog and in relation to the protections and provisions provided under various local, state, and federal employment anti-discrimination laws. Other protected attributes, categories, classes, and characteristics will be discussed in upcoming blogs.

It is crucial to note that while laws, such as the Family and Medical Leave Act and Fair Labor Standards Act, which aim to create protections or benefits for employees other than protections against discrimination, have not been included in the analysis, only those statutes and laws that seek to prohibit discrimination have been included in the analysis and comparison.

Another key thing to note is that while the information provided is only applicable to private employers, a number of laws aimed at prohibiting retaliation against employees covered by different protections and provisions of various local, state, and federal laws have also been included in the analysis and comparison.

It is also important to note that for the purposes of record, the information provided herein was current as of February 10, 2022.

Key Statutes & Protections Against Employment Discrimination Based on National Origin

Federal Laws

  1. Title VII – Title VII is a comprehensive and significant federal law and provision of the Civil Rights Act of 1964 that, pursuant to 42 U.S.C. § 2000e-2(a)(1), prohibits discrimination against individuals based on their national origin.
  2. Immigration Reform and Control Act (IRCA) – Additionally, the Immigration Reform and Control Act (IRCA) is another federal law that, pursuant to 8 U.S.C. § 1324b(a)(1)(A), offers protections against employment discrimination based on their national origin. It is also crucial to remember that the IRCA, pursuant to 8 U.S.C. § 1324b(a)(1)(B), also protects employees against discrimination based on their citizenship status. Under this law, citizenship is a protected category and covers asylees, refugees, “legally admitted” aliens, nationals, or U.S. citizens.

New York Laws

  1. New York Equal Pay Act (NYEPA) – NYEPA is a key state employment law that, pursuant to N.Y. Lab. Law § 194, protects New York employees from discrimination based on their national origin.
  2. New York State Human Rights Law (NYSHRL) – In addition, the NYSHRL also, pursuant to N.Y. Exec. Law §§ 292(8), 296(1), protects employees in the state of New York against discrimination based on their national origin. However, an essential thing to note is that their protections also include “ancestry” as part of national origin.

Key Statutes & Protections Against Employment Discrimination Based on Religion

Federal Laws

  1. Title VII – This federal law also offers protections against discrimination based on an individual’s religion. As codified under 42 U.S.C. §§ 2000e(j), 2000e- 2(a)(1), belief and all aspects concerning the practice and observance of one’s religion are included as part of religion and afforded protections as such.

New York Laws

  1. New York Equal Pay Act (NYEPA) – Pursuant to N.Y. Lab. Law § 194, the NYEPA protects New York employees from discrimination based on their creed.
  2. New York State Human Rights Law (NYSHRL) – In addition, the NYSHRL also, pursuant to N.Y. Exec. Law § 296(1), (10), protects employees in the state of New York against discrimination based on their religion or creed.

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