New York’s employment discrimination statutes provide vital safeguards for workers and guarantee them that they will be treated fairly in the most important aspects of their working lives; in hiring, promotions, pay, and the conditions of work itself. These laws are designed to prevent discrimination based on race, gender, age, disability, religion, and other protected characteristics.
Understanding these laws is crucial for employees and employers alike to foster a fair and inclusive work environment. To help our readers better understand their rights as workers, we present this helpful and informative guide, courtesy of attorney Kessler Matura in New York.
Key Employment Discrimination Laws
The workers of New York are safeguarded by both federal and state laws. The main federal laws are:
- Title VII of the Civil Rights Act of 1964
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The Equal Pay Act
Federal protections are not the whole story, however. New York State provides an additional layer of protection through more expansive laws. The New York State Human Rights Law (NYSHRL) is the main state law that prohibits discrimination and affords even broader protections than federal law.
The New York State Human Rights Law applies to all employers, of any size, making it one of the most all-encompassing state-level anti-discrimination laws in the nation. It bars discrimination in employment on the basis of:
- Age
- Creed
- Color
- Race
- National origin
- Sex
- Gender identity or expression
- Sexual orientation
- Military status
- Physical or genetic characteristics
- Disability
- Marital status
- Familial status
- Domestic violence victim status
- Arrest or conviction record
Types of Employment Discrimination
According to Kessler Matura in New York, discrimination can show itself in many ways, such as:
Aspects of Employment
Employers cannot discriminate in hiring or firing employees on the basis of any protected characteristic.
Pay Discrimination
Workers must attain equal compensation for equal labor, irrespective of gender or other safeguarded factors.
Harassment
Workstation harassment, including sexual harassment, constitutes discrimination under Title VII of the federal Civil Rights Act and the New York State Human Rights Law (NYSHRL).
Retaliation
Employees who lodge discrimination complaints or take part in inquiries are safe from retaliation.
Not Providing Reasonable Accommodations
Employers have to accommodate employees who have disabilities or religious needs unless accommodating them would cause undue hardship.
Filing a Discrimination Claim
Workers who think they’ve been discriminated against have a number of ways to lodge a complaint. They can file a charge with the federal Equal Employment Opportunity Commission (EEOC) or with the New York State Division of Human Rights (DHR) for state-level complaints.
Both agencies investigate discrimination claims, and either one can issue a finding that discrimination occurred. Allegations can also be filed with the New York City Commission on Human Rights (NYCCHR). This agency deals with discrimination matters that occur within the city’s five boroughs.
Kessler Matura in New York Can Guide You through the Complex Web of Discrimination Law
Understanding workplace bias laws is essential for every individual working or operating a business in the state of New York. However, most individuals in the workforce, whether working at a small business or a mega corporation, are largely unfamiliar with the details of federal laws that prohibit discrimination.
That’s why if you feel you may have been subject to any form of employment discrimination, you should get in touch with a reputable and experienced legal professional immediately.
