New York Discrimination laws & HR compliance analysis

New York Discrimination: What you need to know

The New York Human Rights Law prohibits employment discrimination based on age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status (NY Exec. Law §290 et seq.).
The law covers all employers, regardless of size, including the state and all political subdivisions. Effective March 16, 2022, the state is considered an employer of any employee or official (including an elected official) of the state executive, legislative, or judiciary branches. Similarly, a city, a county, a town, a village, or another political subdivision is an employer of any of its employees or officials.
Nonemployees. Employers may be liable for an unlawful discriminatory practice against a nonemployee in the employer’s workplace (NY Exec. Law §296-d). An employer may liable to nonemployees such as contractors, subcontractors, vendors, consultants, or others providing services under a contract, or to their employees, when the employer knew or should have known that a nonemployee was subjected to an unlawful discriminatory practice. The extent of the employer’s control and any other legal responsibility the employer may have regarding the conduct of the person who engaged in the unlawful discriminatory practice will be considered.
Religious organizations. The law does not prohibit religious organizations, including educational institutions, from discriminating in employment in favor of members of a particular religion (NY Exec. Law §296 (11)).
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