Working parents face unique challenges while providing for their families and raising their children. Familial status discrimination makes it even harder for individuals with families to succeed in the workforce. In New York City, employers cannot discriminate against employees or potential employees because of their status as married people or parents.
You may be entitled to compensation if you believe your employer has discriminated against you because you are providing care to a child, spouse, or another family member. This process typically involves filing a complaint with the appropriate government agency, such as the New York State Division of Human Rights, and possibly going through a mediation or investigation process. New York City employment attorneys at Lipsky Lowe are prepared to guide you through this process and help you fight for your rights as an employee.
What Constitutes Familial Status Discrimination in New York City?
Discrimination based on familial status refers to the unfair treatment of an employee because of their status as a parent, spouse, or caregiver. The New York State Human Rights Law considers “familial status” a protected class. Employers cannot discriminate against a person who is pregnant or has kids under 18 years of age. They cannot make employment decisions based on the employee or a potential employee’s status as a caregiver of children under the age of 18.
State human rights law also protects an employee’s status as a caregiver. The law defines a caregiver as an individual who provides direct and ongoing care for minor children or a care recipient. A care recipient is a person with a disability who is a covered relative or living in the caregiver’s household. The recipient does not have to be under the age of 18 for the caregiver to be protected from familial status discrimination.
Common Examples of Familial Status Discrimination
Employers cannot make adverse employment decisions based on an employee’s familial or perceived familial status. The most common examples of discriminatory actions include refusing to hire a job candidate or refusing to promote a qualified candidate because of their familial status. Paying an employee less or failing to provide them with on-the-job training or advancement opportunities because they have children, are married, or are caretakers is also illegal.
For example, suppose a person’s employer decides to terminate their employment because they are going through the process of adopting a child. The employer is worried the parent will take too much time off of work during the adoption process and after the adoption is finalized and will not be as dedicated to getting work done.
Another example would be a company refusing to hire a candidate because they are a single mother. Unlawful discrimination also includes an employer denying an employee an alternative work schedule based on familial status when they would have routinely granted a different work schedule to other employees who do not have caregiving responsibilities. Other examples include:
- Being fired for being married to a current or previous employee of the company
- The employee was notified that they were being fired after they announced they were pregnant
- Being denied employment despite being qualified for being the legal guardian of one or more children
Protection Under the New York City Human Rights Law
The New York City Human Rights Law also protects employees from being discriminated against because of their familial status. The protections for employees are more broad under the city’s human rights law than those provided under the state law. The law makes it illegal for employers to discriminate against employees on the basis of their pregnancy, parenting a child, or trying to obtain custody of a child under the age of 18.
The law protects couples who have adopted or are trying to adopt children, foster parents, legal guardians of children, grandparents with dependents, and pregnant employees. Additionally, the city law makes it unlawful for an employer to discriminate against an employee because they perceive them as a caregiver, even if they aren’t.
Discrimination Against Caregivers in New York City
The New York City Human Rights Law also protects individuals who provide care to an eligible “care recipient.” A care recipient is a person with a disability who is a covered relative or who resides in the caregiver’s home and relies on the caregiver for medical care to meet the needs of daily living. The definition of covered relatives is broad and includes a child’s caregiver, domestic partner, spouse, parent, sibling, grandchild, or grandparent, or the child or parent of the caregiver spouse or domestic partner. It also includes any other individual in a familiar relationship with the caregiver.
Employers Cannot Discriminate Based on Marital Status
The New York City Human Rights Law prohibits employers from discriminating against employees based on their marital status. In a recent court case, the definition of marital status was expanded to protect employees whose spouses had taken a job with the company’s competitor.
In their ruling, the court held that “marital status” includes the individual’s marital status concerning a particular person, not just the fact that they are married. They found that when an employer has an anti-nepotism policy, the employee’s marriage to someone who works for a competitor can’t be the reason that the employer terminates their employment.
Contact a Familial Discrimination Attorney in New York
At Lipsky Lowe, our employment attorneys understand that balancing the demands of family life with working every day can be difficult, especially in these challenging economic times. If your employer has discriminated against you or treated you unfairly because of your familial status, we can help you pursue the justice you deserve.
We have a proven track record of holding New York City employers accountable under local, state, and federal laws. Contact the New York City employment lawyers of Lipsky Lowe today to schedule a free case evaluation and learn more about how we can fight for your legal rights. Our team represents clients in New York City and throughout the state.