The New York Human Rights Law prohibits employment discrimination on the basis of national origin. The law covers all employers with four or more employees (NY Exec. Law Sec. 296 et seq.). Under the law, it is unlawful for an employer to:
• Refuse to hire or employ or to discharge an individual or discriminate against such individual in compensation or in terms, conditions, or privileges of employment because of national origin.
• Print or circulate any advertisement or publication or to use any form of application for employment that expresses any limitation, specification, or discrimination as to national origin, unless based on a bona fide occupational qualification (BFOQ).
• Make any inquiry in connection with prospective employment that expresses directly or indirectly any limitation, specification, or discrimination as to national origin, unless based on a BFOQ.
• Aid, incite, compel, or coerce the doing of any of the acts forbidden under the law, or to attempt to do so.
• Discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden under the law or because he or she has filed a complaint, testified, or assisted in any proceeding under the law.
• Deny admittance to an apprenticeship training program, on-the-job training program, executive training program, or other occupational training or retraining program because of national origin.
• Violate the terms of a conciliation agreement issued by the Division of Human Rights.
Workplace banter. A federal court in New York has ruled that a former employee who had complained about ethnic name-calling in the workplace provided sufficient evidence of national origin harassment and retaliation to proceed ...