The New York Human Rights Law prohibits employment practices that discriminate on the basis of national origin. Practices that discriminate against immigrants who are legally eligible to work may constitute national origin bias within the meaning of the Law. The Law applies to employers with four or more employees (NY Exec. Law Sec. 296).
Citizenship requirements that are made a condition of employment discriminate on the basis of national origin in violation of the state law. Inquiries about a person's citizenship or country of birth are unlawful and imply discrimination on the basis of national origin.
The New York Division of Human Rights enforces the Human Rights Law. The Division has the power to hold hearings; receive, investigate, and pass upon complaints; and enforce its orders in state court. Remedies include ordering the employer to stop the discriminatory practice; order hiring, reinstatement, or upgrading of employees (with or without back pay); and the payment of compensatory damages.