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Discrimination

Workplace Discrimination in New York: Protected Classes and Your Rights

New York law protects workers from discrimination based on race, gender, age, disability, national origin, religion, sexual orientation, and many other characteristics. Here is what that protection actually means.

9 min read
·Written by Sean O'Hara, Employment Attorney

What Is Workplace Discrimination?

Workplace discrimination occurs when an employer takes an adverse action against an employee — firing, demoting, failing to hire or promote, reducing pay, changing job duties — because of a protected characteristic. It also includes harassment based on a protected characteristic that creates a hostile work environment.

Discrimination can be direct — a supervisor who says 'we don't promote women here' — or indirect, where a facially neutral policy has a disparate impact on a protected group. Both forms are unlawful under New York and federal law.

Protected Characteristics Under New York Law

The New York City Human Rights Law protects against discrimination based on: age, race, creed, color, national origin, gender (including gender identity and expression), disability, marital status, partnership status, sexual orientation, alienage or citizenship status, pregnancy, arrest or conviction record, caregiver status, consumer credit history, salary history, status as a victim of domestic violence, and more.

The NYSHRL covers a similar list. Federal law under Title VII covers race, color, religion, sex, and national origin. The Age Discrimination in Employment Act (ADEA) covers workers 40 and older. The Americans with Disabilities Act (ADA) covers disability. New York law is generally broader than federal law.

Proving Discrimination

You do not need a smoking gun. Most discrimination cases are built on circumstantial evidence: the timing of an adverse action, how similarly situated employees outside your protected class were treated, statements by decision-makers, departures from standard procedures, and statistical patterns.

Under the NYCHRL, you need only show that discrimination was one of the motivating factors in the adverse action — not the sole or primary reason. Under federal law, you must show that discrimination was a 'but-for' cause of the adverse action, a higher standard.

Filing Deadlines

Under the NYCHRL, you have three years to file a complaint with the NYC Commission on Human Rights or in court. Under the NYSHRL, you have three years to file in court. To file with the EEOC under federal law, you generally have 300 days from the discriminatory act in New York. Missing these deadlines can permanently foreclose your claims — contact an attorney before the deadline, not after.

What to Do If You Believe You Have Been Discriminated Against

Document the adverse action and the circumstances surrounding it. Note who made the decision, what reason was given, and how employees outside your protected class were treated in similar situations. Save any relevant communications.

Report the discrimination through your employer's internal complaint procedure if you feel safe doing so — this creates a record and may trigger your employer's obligation to investigate. Then contact an employment attorney. The attorney can help you evaluate your claims, identify the right forum, and meet the applicable deadlines.

Disclaimer: This guide is for general informational purposes only and does not constitute legal advice. Reading this material does not create an attorney-client relationship. Laws change; consult an attorney about your specific situation.

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