The New York City Human Rights Law (NYCHRL) is one of the most comprehensive anti-discrimination laws in the United States. It prohibits discrimination in housing, employment, and public accommodations based on protected characteristics such as age, sex, gender identity, parenthood status, and more.

If you’ve experienced discrimination as an employee in New York City, you may be entitled to compensation. At Lipsky Lowe LLP, our team has a deep understanding of the New York City Human Rights Law. We are dedicated to fighting for the legal rights of victims of unlawful discrimination and holding employers accountable. 

About the New York City Human Rights Law

The New York City Human Rights Law protects employees and prospective employees from discrimination based on their membership in a protected class. The law protects employees, job applicants, interns, independent contractors, and freelancers from harassment and discrimination based on their membership in a protected class. 

This expansive law has been challenged and found constitutional by the New York State Appellate Court. In 2005, the New York City Council amended the law to require a liberal interpretation of the provisions in the law, benefiting victims of workplace discrimination. The law has expanded the number of protected characteristics to include the following:

  • Color
  • Race
  • Religion or creed
  • Age
  • Immigration or citizenship status
  • National origin
  • Gender (including sexual harassment)
  • Gender identity
  • Sexual orientation
  • Disability
  • Military service
  • Pregnancy
  • Marital status
  • Partnership status

Additionally, the law affords protection against employment discrimination based on a potential or current employee’s unemployment status, arrest or conviction record, credit history, status as a victim of domestic violence, stalking, or sexual offenses, and caregiver status. The NYC Human Rights Law prohibits discrimination in the following employment actions:

  • Hiring, including interviews and job postings
  • Salary and benefits
  • Promotions and demotions
  • Performance evaluations
  • Discipline and firing
  • Any decisions affecting the terms and conditions of employment

The NYCHRL Prohibits Discrimination Against Disabled Employees

The New York City Human Rights Law prohibits employment discrimination based on a job applicant or employee’s disability. Disabled employees are entitled to reasonable accommodations in the workplace if the changes don’t cause the business or employer an undue hardship. Your employer must converse with you and make a good-faith effort to determine what reasonable accommodation you need. 

For example, if you need a service animal in a building with a “no pets” policy, your employer should allow you to bring your service animal. Or, if you need an assisted listening device, your employer should allow you to use your device. Other accommodations could include ramps, flexible scheduling, and different lighting. 

Sexual Harassment in the Workplace is Forbidden in NYC

The New York City Human Rights Law protects employees from all types of gender-based discrimination, including sexual harassment in the workplace. Harassment based on a person’s gender identity, sex, or sexual orientation doesn’t need to be pervasive or severe to be illegal. Also, you don’t have to be the person who was harassed to file a complaint. If you witnessed harassment, you can file a complaint. Common Examples of sexual harassment in the workplace include:

  • Staring or leering
  • Pressing an employee for dates
  • Unnecessary physical contact
  • Sexual jokes or teasing
  • Inquiries about sex life
  • Distributing obscene emails, memos, or notes
  • Displaying pornographic or sexually degrading images

Protection from Retaliation from Employers

Under the New York City Human Rights Law, your employer is prohibited from retaliating against you for opposing an unlawful discriminatory practice, filing a complaint, or making a charge of discrimination. This protection extends to your participation in any investigation, proceeding, or hearing relating to a violation of the law. 

Finally, employers can’t retaliate against you for testifying, assisting, or participating in an investigation, proceeding, or hearing relating to something prohibited by the NYC Human Rights Law. Examples of retaliation include firing or demoting an employee, cutting an employee’s hours, denying a deserved promotion, or giving the employee the least favorable working hours or conditions. 

How to File a Discrimination Claim and Recover Compensation

The New York City Commission on Human Rights, as the enforcer of the New York City Human Rights Law, provides a supportive platform for victims of discrimination. By filing a claim with the Commission, you, or an attorney on your behalf, can report violations within one year of the incident or three years for sexual harassment claims, ensuring that your voice is heard and your rights are upheld. 

When you file a claim with the NYC Human Rights Commission, you cannot seek relief with any other agencies, including New York State’s Human Rights Commission or the Equal Employment Opportunity Commission (EEOC). However, the New York City Human Rights Law is the most expensive and protective law for employees, and filing a claim at the New York City level is often advantageous. Most cases end in the employer settling with the employee. 

Remedies Available Through the NYCHRL

The remedies offered under the New York City Human Rights Law are more expansive and protective than the New York State Human Rights Law and similar federal laws. Victims of employment-based discrimination in New York City have the right to recover uncapped compensatory damages. They can sometimes obtain additional punitive damages in egregious cases of discrimination and harassment and attorney’s fees and costs if they succeed in their claim. 

Contact a Skilled Employment Attorney in New York City

If you live or work in New York City and have faced workplace discrimination, you have the right to pursue compensation through a claim against your employer. The New York City employment discrimination attorneys at Lipsky Lowe LLP can help guide you through the legal process. We use our experience and in-depth knowledge of employment laws to hold employers accountable for unlawful discrimination. Contact Lipsky Lowe LLP to schedule a complimentary, no-obligation case evaluation.