Workers in New York, NY often assume that federal law sets the outer limit of their rights, but the New York City Human Rights Law, which applies to workplaces in NYC, covers more people and more characteristics than most federal statutes do. Knowing the difference can change how a worker views a problem at the office.
The City Law Protects Many Kinds of Workers
The NYC Commission on Human Rights explains that employment discrimination is prohibited against employees, interns, job seekers and independent contractors. That is a wider group than many people expect, and it includes people who were never hired. A freelancer in Manhattan or Brooklyn is not automatically outside the law’s reach just because there is no payroll relationship, and the Commission’s protected classes fact sheet lists the protections that such workers can rely on.
A New York City employment lawyer can explain how these protections apply to a particular job arrangement.
The List of Protected Characteristics Is Longer
Federal law covers familiar categories such as race, sex, religion, national origin, age and disability. The NYC law adds several more. Protected characteristics include:
- Caregiver status
- Credit history
- Arrest or conviction record
- Salary history
- Unemployment status
- Height and weight
- Status as a victim of domestic violence, sexual violence or stalking
- Sexual and reproductive health decisions
A worker who was passed over because of a gap in employment or a credit check, for example, may have a claim even though federal law does not cover that situation. Many of these categories come up in New York City employment discrimination matters, where the question is whether the employer’s reason was lawful.
At-Will Employment Has Limits
New York is an at-will state, which means an employer can end employment for almost any reason or for no reason. That rule does not allow a firing based on a protected characteristic or in retaliation for a complaint. That is why at-will employment claims can succeed even though an employer did not need a reason, because the claim turns on the unlawful motive.
People who have lost a job often wonder whether the reason was lawful. A New York City employment lawyer can help sort out whether a termination fits the pattern of an unlawful one.
A firing that follows a complaint is a classic New York City wrongful termination problem, because the timing between the report and the termination can show the motive.
Deadlines Come Faster Than Most People Think
The Commission states that a complaint under the New York City Human Rights Law must be filed within one year of the last alleged act of discrimination, or within three years for gender-based harassment. Some claims can go to court instead of the Commission, which is one more reason to confirm the deadline early.
Dates, emails, performance reviews and the names of witnesses are worth gathering before filing a complaint, since memories fade and messages get deleted.
Harassment and Discrimination Overlap
Many workplace problems involve more than one issue. A person who reports harassment may then be demoted, sidelined or fired, and the second event can support a separate retaliation claim. Unwelcome conduct at work can support New York City sexual harassment claims on its own, separate from any later retaliation.
Bias in hiring or promotion is the heart of New York City job discrimination, including cases where a worker was never given the chance to compete for a role.
Representation for Employees
Bloom Fudali represents employees and other individuals in New York and California, and several attorneys at the firm are admitted to practice in New York. The firm represents clients on a contingency basis, so it receives a percentage of the money it wins for the client.
The firm has recovered millions of dollars for clients in employment and sexual harassment matters, and its attorneys represent people who are up against large employers, well-known public figures and corporations with considerable resources.
A worker who suspects that something at work crossed a legal line should not wait for the problem to resolve itself, and anyone looking for answers can reach out to the firm to learn which of these protections may apply.