At Miletti Law®, we are the authoritative force in employment and labor law. We do not take it for granted that you, our unusually motivated® readers, take the time to read our trustworthy & distinctive content, which encourages us to continue educating and helping you to stay ahead of the game when it comes to the diverse legal and non-legal issues that affect you or your businesses. As usual, our content is featured as videos that are posted on our YouTube Channel https://www.youtube.com/channel/UCtvUryqkkMAJLwrLu2BBt6w and blogs that are published on our website WWW.MILETTILAW.COM. We highly encourage you to subscribe to the channel and sign up for the Newsletter on the website, which encompasses the best way to ensure that you stay in the loop, and keep riding the wave of knowledge bombs that we drop here!

As the Authoritative Force of employment and labor law, we endeavor to continue educating, informing, and enlightening you through the trustworthy, competent, and distinctive content we create. In pursuit of this goal, this blog is Part III of our continuing series on New York laws that are applicable to workplace harassment, discrimination, & retaliation in the state and city. In Part II, we hammered on the types of coverage (employee coverage, employer coverage, and/or individual liability standards) provided by each of the four laws identified in Part I of the series.

In addition to understanding the overall coverage afforded, these four laws also offer certain protections that speak to different covered individuals. Thus, moving the discussion forward, this blog and Part III of the series covers the various protections offered by each of the four New York laws, including New York City Human Rights Law (NYCHRL), the New York Equal Pay Act, the New York State Human Rights Law (NYSHRL), and the Reproductive Health Discrimination Protection, which are applicable to workplace harassment, discrimination, & retaliation.

New York State Human Rights Law (NYSHRL)

Except as provided by N.Y. Exec. Law § 296-b, unpaid interns and any employee that is not employed in a domestic service, who is a child, or by his/her spouse or parents is protected by the NYSHRL as provided for under N.Y. Exec. Law § 292(6). Further, the NYSHRL provides that if they failed to take immediate and appropriate correction action, or if they, their supervisors or agents should have known or knew of the said conduct, an employer may be liable, as of October 11, 2019, for unlawful discrimination against a nonemployee, such as a consultant, vendor, subcontractor, contractor, or anyone providing services under a contract in the workplace.

However, unless it can be demonstrated that the discriminatory act’s impact was felt inside the state, the NYSHRL does not offer protections for New York’s nonresidents.

The New York Equal Pay Act

As provided for under N.Y. Lab. Law § 190(2), the New York Equal Pay Act protects any former employee or current employee employed by the employer, which implies that either can bring an action in court under this law.

New York City Human Rights Law (NYCHRL)

Unless an individual is employed by their parents, children, domestic partner, or spouse, all employees, interns, and applicants are protected from workplace harassment, discrimination, & retaliation under the NYCHRL. However, as provided under NYC Administrative Code § 8-102, the number of such family members is considered in the determination of whether an employer has four or more employees. Additionally, the NYCHRL’s protections for employees are now applicable to gig workers (independent contractors) and freelancers, effective January 11, 2020.

Just as provided by the NYSHRL, New York City’s nonresidents can bring a claim under the NYCHRL if it can be demonstrated that the discriminatory act’s impact was felt inside the state. The provision to bring a claim under the NYCHRL also applies to nonresident employees working remotely from outside of the New York City.

Reproductive Health Discrimination Protection

Unlike the statutory language offered by other laws, the New York State Labor Law does not provide for the definition of “employee” for the purposes of reproductive health discrimination. However, irrespective of this deficiency, the law covers employers and prohibits the discrimination of an employee based on their decisions towards reproductive health, or that of their dependents.

In Part III of this series, we will move the discussion forward by hammering on “Protected Classes and Conduct Requirements.” Until then, stay tuned and always, strive to be #UnusuallyMotivated! In the interim, reach us with questions or comments at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.