Generally, the State of New York has taken a much broader approach when it comes to protecting employees against discrimination, harassment, and retaliation based on protected attributes, categories, and classes as opposed to federal law. Nonetheless, just like other key federal laws such as Title VII, the New York State Human Rights Law (NYSHRL), pursuant to N.Y. Exec. Law §§ 296, 296-c, protects employees, including unpaid interns, from discrimination, harassment, and retaliation in virtually all aspects of employment based on many attributes, categories, and classes, including, but not limited to, color, creed, race, age, sex, sexual orientation, national origin, status as a victim of domestic violence, marital status, familial status, military status, predisposing genetic characteristics, or disability.

It is crucial to understand that pursuant to N.Y. Exec. Law § 292(5), this state law is applicable to all employers within the State of New York. Additionally, employers should be aware that pregnancy discrimination is viewed by New York Courts as a form of discrimination on the basis of familial status or sex. Therefore, employers should, as a best practice, provide pregnant employees with reasonable accommodations as long as the accommodation does not impose an undue hardship on the employer.

In this connection, we have, with respect to the various protected characteristics, categories, or classes, reviewed key statutes and provisions of the NYSHRL that aim to protect individuals, particularly within the context of employment, from discrimination, harassment, and retaliation in the workplace. It is crucial to note that while the information provided generally applies to private employers, NYSHRL’s provisions remain applicable and more stringent even when a synchronous local law exists.

Lastly, for the purposes of record, the information provided herein was current as of February 10, 2022.

Discrimination as a Prohibited Conduct Under the NYSHRL

The NYSHRL prohibits discrimination under many circumstances as follows:

  • Pursuant to Y. Exec. Law § 296(1-a), the NYSHRL prohibits discrimination against a person taking part in an executive training program, on-the-job training program, apprenticeship training program, guidance program, or other occupational-related retraining or training program(s) based on marital status, familial status, sex, sexual orientation, national origin, color, creed, or race by (1) making an inquiry in connection with such programs, using an application for such programs, or circulating or printing an advertisement or statement that expresses discrimination, a specification, or a limitation, (2) discriminating against persons in their pursuit of, or concerning the privileges, conditions, or terms of such programs, (3) withholding or denying a person’s right to participation or admission in such programs, and (4) selecting the person for such program(s) based on any other aspect other than their qualification.
  • Further, pursuant to Y. Exec. Law § 296(22)(c), the NYSHRL also prohibits employers from refusing to provide, unless it would result in an undue hardship, a reasonable accommodation to an employee who the employer knows is a domestic violence victim.
  • Moving on, pursuant to Y. Exec. Law § 296(22)(b), the NYSHRL prohibits employers from making an inquiry, using an employment application, or circulating or printing an advertisement or a statement in relation to prospective employment aimed to express discrimination, a specification, or a limitation as to status as a domestic violence victim.
  • Additionally, pursuant to Y. Exec. Law § 296(22)(a), the NYSHRL also prohibits discrimination against persons based on their status as domestic violence victims by refusing to license, employ, or hire, or discharging or barring from employment, or by discriminating against such persons when it comes to the privileges, conditions, terms, or compensation of employment.
  • Moreover, pursuant to Y. Exec. Law § 296(16), the NYSHRL also prohibits inquiries concerning an individual’s prior prosecution or criminal arrest that was terminated in favor of the person.
  • In addition, pursuant to Y. Exec. Law § 296(15), the NYSHRL also prohibits the discrimination of individuals by employers based on prior criminal conviction if the employer would be violating N.Y. Correct. Law § 752 by using the conviction information.
  • Pursuant to Y. Comp. Codes R. & Regs. tit. 9, § 466.14(c)(1), association discrimination, also popularly referred to as associational discrimination, is prohibited by the NYSHRL.
  • Pursuant to Y. Exec. Law § 296(10)(a), discrimination against a person based on religion by imposing, as a requirement for retaining or obtaining employment, a condition or term that would need the person to forego or violate a sincerely held practice of their religion.
  • Pursuant to Y. Exec. Law § 296(1)(d), employers are prohibited by the NYSHRL from making an inquiry, using an employment application, or circulating or printing an advertisement or a statement in relation to prospective employment aimed to express discrimination, a specification, or a limitation as to marital status, familial status, sex, sexual orientation, national origin, color, creed, or race.
  • Pursuant to Y. Comp. Codes R. & Regs. tit. 9, § 466.13(c), the NYSHRL prohibits employers from using gender identity as the basis for discriminating against individuals.
  • Pursuant to Y. Exec. Law § 296(1)(a), the NYSHRL also prohibits discrimination against individuals in compensation, firing, hiring, or other employment conditions or terms based on status as a domestic violence victim, marital status, familial status, sex, sexual orientation, national origin, color, creed, or race.

Harassment as a Prohibited Conduct under the NYSHRL

Additionally, this law also prohibits harassment in various aspects and circumstances as follows:

  • Pursuant to Y. Comp. Codes R. & Regs. tit. 9, § 466.13(c)(3), harassment based on an individual’s transgender status or gender identity amounts to sexual harassment under the NYSHRL.
  • Notably, sexual harassment between individuals of the same sex is prohibited by the NYSHRL.
  • As held by New York courts in the past, victims and complainants of harassment have been provided with a cause of action for quid pro quo hostile work environment and harassment.

Retaliation as a Prohibited Conduct under the NYSHRL

Lastly, retaliation against individuals in the workplace is prohibited as follows:

  • Pursuant to Y. Exec. Law § 296(1)(e), (7), employers are prohibited from retaliating against an employee who assists in a proceeding, testifies, files a complaint, or opposes discriminatory conduct under the NYSHRL.
  • In other areas, pursuant to Y. Exec. Law § 296(10)(a) and N.Y. Exec. Law § 296(6), employers are prohibited from refusing to provide reasonable accommodation(s) to religious practices, observances, and beliefs and coercing, compelling, inciting, abetting, or aiding, or even attempting to do so, in any conduct prohibited by the NYSHRL.

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