New York Workplace Discrimination Laws Explained
Going to work should not mean worrying that you will be treated differently because of your race, religion, sex, disability, age, national origin, or another protected characteristic. Yet workplace discrimination can sometimes be difficult to recognize. It may appear as an unfair hiring decision, unequal pay, being passed over for a promotion, harassment, denial of an accommodation, or even termination.
New York has strong protections against workplace discrimination. The New York State Human Rights Law prohibits discrimination in hiring, firing, compensation, and the terms and conditions of employment. The law applies to employers throughout New York State.
What Is Workplace Discrimination?
Workplace discrimination generally occurs when an employee or job applicant is treated less favorably because of a characteristic protected by law.
It can happen during almost any part of the employment relationship, including:
- Hiring and interviews
- Pay and benefits
- Promotions
- Job assignments
- Scheduling
- Discipline
- Training
- Workplace accommodations
- Termination
The New York Attorney General explains that discrimination can include refusing to hire, firing, demoting, paying someone less, or providing worse employment terms because of a protected characteristic.
Not every unfair workplace decision is illegal discrimination. Usually, there must be a connection between the treatment and a legally protected characteristic or protected activity.
What Characteristics Are Protected in New York?
New York’s Human Rights Law protects workers from discrimination based on numerous characteristics, including:
- Race or color
- Religion or creed
- Sex
- Sexual orientation
- Gender identity or expression
- National origin
- Disability
- Age
- Marital status
- Familial status
- Military status
- Pregnancy-related condition
- Citizenship or immigration status
- Domestic violence victim status
- Certain arrest and conviction records
- Predisposing genetic characteristics
New York law also contains protections relating to religious practices, reasonable accommodations, service animals, and other circumstances.
Discrimination Can Happen During Hiring
Workplace discrimination does not necessarily begin after someone gets a job.
An applicant may experience discrimination during:
- Job interviews
- Hiring decisions
- Salary negotiations
- Job advertisements
- Promotion or transfer opportunities
- Questions asked during the application process
For example, if an employer refuses to interview someone because of their national origin or makes hiring decisions based on an applicant’s disability rather than their ability to perform the job, the situation could raise legal concerns.
Workplace Pay Discrimination
Pay is another important area of workplace discrimination law.
New York protects employees performing substantially similar work from being paid less because of certain protected characteristics. Legitimate differences may still be allowed when based on factors such as seniority, merit, education, training, experience, or quantity or quality of work.
If you believe you’re being paid less because of a protected characteristic, compare your duties, responsibilities, experience, and compensation with similarly situated coworkers.
Sexual Harassment Is Illegal
Sexual harassment is a form of workplace harassment that can violate both New York and federal law.
It may include:
- Unwanted sexual comments
- Sexual jokes
- Unwanted touching
- Sexual messages or emails
- Requests for sexual favors
- Sexual gestures
- Sexual conduct affecting employment decisions
A harasser may be a supervisor, coworker, customer, contractor, or another person connected with the workplace.
Importantly, harassment does not necessarily have to result in termination or a lost promotion to create a legal issue.
Disability Discrimination and Reasonable Accommodation
New York law protects employees with disabilities and can require reasonable accommodations in appropriate circumstances.
Depending on the situation, an accommodation could involve:
- Modified work schedules
- Accessible workspaces
- Changes to workplace procedures
- Equipment or assistive technology
- Leave related to a qualifying condition
- Other reasonable adjustments
The New York Division of Human Rights specifically identifies denial of reasonable accommodation for a disability as a type of employment discrimination that may be covered by the Human Rights Law.
An employer does not necessarily have to provide every accommodation an employee requests. The specific circumstances and whether an accommodation is reasonable matter.
Pregnancy-Related Workplace Discrimination
Pregnancy and pregnancy-related conditions receive specific protection under New York law.
An employer generally cannot discriminate against an employee because of pregnancy or a pregnancy-related condition. Workers may also have accommodation rights in qualifying situations.
The state’s Human Rights Law specifically recognizes pregnancy-related conditions as a protected category.
Religious Discrimination
Employees have the right to be protected from discrimination based on religion or creed.
Religious discrimination can involve hiring, scheduling, discipline, promotion, termination, or other workplace decisions.
New York also recognizes protections concerning religious practices and reasonable accommodations.
For example, an employee may need an accommodation related to a religious observance or practice. Whether an employer must provide a particular accommodation depends on the circumstances.
Age Discrimination
Age discrimination can affect both hiring and existing employees.
Examples may include:
- Being denied a promotion because of age
- Being replaced because an employer wants a younger workforce
- Receiving different job assignments because of age
- Being subjected to age-based comments
- Being terminated because of age
Age is specifically protected under New York’s Human Rights Law.
Race, Color, and National Origin Discrimination
Employers cannot discriminate against workers because of race, color, or national origin.
Potential problems can include:
- Unequal pay
- Different job assignments
- Hiring discrimination
- Promotion discrimination
- Harassment
- Unequal discipline
- Termination
New York also protects workers from discrimination involving citizenship and immigration status.
What About Criminal Records?
New York provides protections concerning certain criminal and arrest records.
Depending on the circumstances, employers may be restricted from making employment decisions based on certain arrest records, sealed records, youthful-offender records, or other protected criminal-history information.
These rules can be complicated because different requirements may apply depending on whether the record resulted in a conviction and the type of employer involved.
New York City Has Additional Protections
If you work in New York City, you may have additional protections under the New York City Human Rights Law.
The NYC rules can cover characteristics including:
- Caregiver status
- Credit history
- Employment status
- Height and weight
- Immigration or citizenship status
- Sexual and reproductive health decisions
- Unemployment status
- Certain other protected circumstances
New York City also has specific protections concerning pregnancy and lactation accommodations.
This means the protections available to a worker in New York City can differ from those available elsewhere in the state.
What Is Workplace Retaliation?
Discrimination and retaliation are related but different issues.
Retaliation occurs when an employer punishes an employee for engaging in legally protected activity.
For example, an employee may be protected after:
- Reporting discrimination
- Participating in a discrimination investigation
- Opposing certain discriminatory practices
- Complaining about unequal pay
New York’s Human Rights Law prohibits retaliation against employees for filing discrimination complaints or opposing discriminatory practices.
Retaliation might include termination, demotion, reduced hours, undesirable assignments, or other negative treatment.
What Should You Do If You Think You’re Being Discriminated Against?
If something at work doesn’t seem right, start documenting it.
Keep a Written Timeline
Record:
- Dates
- Locations
- People involved
- What was said
- What decisions were made
- Names of witnesses
A detailed timeline can be much more useful than trying to remember everything months later.
Save Relevant Evidence
Keep appropriate copies of:
- Emails
- Text messages
- Pay records
- Performance reviews
- Work schedules
- HR communications
- Workplace policies
- Disciplinary notices
Don’t alter documents or take confidential information you are not legally entitled to possess.
Follow Workplace Reporting Procedures
If your employer has an HR department or discrimination complaint procedure, review the policy carefully.
However, if the person responsible for the discrimination is the person who normally receives complaints, consider getting legal advice about your options.
Where Can You Report Workplace Discrimination?
Depending on the circumstances, a worker may have several options.
New York State Division of Human Rights
The New York State Division of Human Rights investigates qualifying employment discrimination complaints. Its current materials state that the Human Rights Law applies to every employer in New York State.
Equal Employment Opportunity Commission
Federal laws may also protect workers. Depending on the claim, an employee may need to file an administrative charge with the EEOC before bringing a federal lawsuit.
New York City Commission on Human Rights
Workers in New York City may have additional options under the NYC Human Rights Law.
Because state, federal, and local laws can have different requirements and deadlines, determining which law applies is important.
How Long Do You Have to File a Discrimination Claim?
Deadlines depend on the law and the type of claim.
New York State’s Division of Human Rights reports that the statute of limitations for filing a discrimination complaint was extended to three years for claims occurring on or after February 15, 2024.
Federal and local claims can have different deadlines.
Because missing a deadline can affect your legal options, don’t wait until the final weeks to investigate a potential discrimination claim.
Can You Sue Your Employer?
Potentially, yes.
A worker may have the ability to bring a legal claim when workplace treatment violates applicable state, federal, or local law.
Possible remedies can depend on the claim and may include:
- Back pay
- Lost benefits
- Reinstatement
- Front pay
- Compensatory damages
- Other statutory damages
- Attorney’s fees
- Other appropriate relief
The best legal route depends on the facts, employer, location, and law involved.
Frequently Asked Questions
1. What is workplace discrimination in New York?
It generally means treating an employee or applicant differently because of a characteristic protected by law, such as race, religion, disability, sex, age, national origin, or another protected category.
2. Can I be fired because of my race or disability?
No. New York’s Human Rights Law prohibits employment discrimination based on protected characteristics, including race and disability.
3. Can an employer retaliate against me for reporting discrimination?
Retaliation for protected activity can itself violate New York law. An employee who reports discrimination or participates in a discrimination proceeding may have legal protections.
4. What if I am being paid less than a coworker?
A pay difference is not automatically unlawful. However, New York protects equal pay for substantially similar work when the difference is based on a protected characteristic. Certain legitimate factors can justify differences in compensation.
5. What should I do if I believe I’m being discriminated against?
Document what happened, preserve relevant records, review your employer’s complaint procedure, and consider speaking with an employment attorney or the appropriate government agency.
Final Thoughts
New York workplace discrimination laws provide employees with significant protections. Discrimination can involve hiring, pay, promotions, workplace conditions, harassment, reasonable accommodations, discipline, and termination.
If you believe you’re being treated differently because of a protected characteristic, don’t rely on memory alone. Keep a clear record of what happened and when it happened.
And remember: not every unfair workplace experience is legally considered discrimination. The reason for the treatment, the evidence available, the employer involved, and the applicable state, federal, or local law all matter.
