by Carlee Northrup, on May 7, 2025, 7:15:00 AM
In New York, employers must ensure that both federal discrimination laws and the New York State Human Rights Law are followed to avoid discriminatory business practices.
Here is everything employers in New York need to know in order to help ensure and maintain equal employment opportunity (EEO) status. This means an employer ensures equal chances for any applicants or employees and that there is no discrimination towards those with any protected characteristics.
New York State Human Rights Law Overview
The New York State Human Rights Law is a New York Labor Law dedicated to eliminating discrimination, remedying injustice, and promoting equal opportunity, access, and dignity in the workplace. The New York State statutes apply to smaller businesses with four or more employees. New York State Human Rights Law applies to all businesses; as such, labor unions and agencies must comply.
Much like other states, New York has laws in place to protect employees from workplace discrimination. Workplace discrimination often comes in the form of being treated differently or unfairly due to any of the following reasons, also referred to as “protected classes”:
- Race
- Color
- Creed
- Sincerely held practice of religion
- Disability
- National origin
- Sexual orientation
- Gender identity or expression
- Military status
- Predisposing genetic characteristics
- Sex
- Age
- Marital status
- Status as a victim of domestic violence
- Arrest record or conviction record
- Height and / or weight
- Pregnancy-related conditions
Workplace discrimination also includes continued patterns of unwelcome behavior or harassment of any individual in the workplace based on any of the above-mentioned protected classes or activities. This includes sexual harassment.
The New York State Human Rights Law provides broader protections with regard to employment than federal discrimination law. Per the state law, the list of protected classes is expanded to include:
- Housing
- Credit
- Places of public accommodations
- Non-sectarian educational institutions
Additional Protections for New York City Employees
Along with New York State Discrimination Law, New York City also prohibits discrimination against workers based on the following:
- Immigration or citizenship status
- Sexual and reproductive health decisions
- Employment status
- Credit history
- Caregiver status
It is also illegal for employers to discriminate against employees for engaging in certain activities outside of working hours. These activities include:
- Political activities
- Legal use of consumable products, including cannabis
- Legal recreational activities
Federal Discrimination Law
New York State employers should be aware of Federal discrimination laws. Among other things, Federal discrimination laws generally prohibit employers from discriminating against an applicant or employee in any of the following ways:
- Job application procedures
- Hiring
- Job training
- Compensation
- Advancements or promotions
- Termination
- And other terms, conditions, and privileges of employment
To maintain compliance with federal anti-discrimination laws, employers in New York State must ensure that the “Know Your Rights: Workplace Discrimination is Illegal poster is displayed. This poster covers all information on federal anti-discrimination laws.
Retaliation Protection Policies
In New York, it is prohibited for an employer to retaliate against an employee for complaining about discrimination or cooperating with an investigation of discrimination. This means that an employer may not inflict punishment, demote, or terminate an employee for making a complaint about workplace discrimination or cooperating with investigations.
Statute of Limitations
In New York, employees have up to three years to file a charge of workplace discrimination under New York State Human Rights Law. Further, any complaints alleging sexual harassment in the workplace that occurred after August 12, 2020, may also be filed within three years from the date of the most recent incident.
This is a result of statistical proof that victims of discriminatory experiences take more than a year on average to come forward.
How to File a Complaint in New York for Discrimination
If an employee has been discriminated against and would like to file a complaint, there are several options.
Per the office of the New York State Attorney General, the options consist of the following:
- Filing a complaint with the employer
- Filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC), the NYS Division of Human Rights, or a local board, such as the NYC Commission of Human Rights (NYCCHR)
- Filing a lawsuit
- Filing a complaint with the Office of the New York State Attorney General
Employees believed to have been discriminated against or retaliated against should consult an attorney at the earliest possible date prior to proceeding with filing a complaint or otherwise taking action.
How to File a Complaint with the Equal Employment Opportunity Commission (EEOC)
Prior to suing under federal laws, an individual has to file a charge of discrimination with the EEOC within 300 days of the most recent occurrence. Before moving forward, the EEOC will investigate the charge and attempt to resolve the matter through mediation between the parties.
Once the EEOC has investigated the charge and if mediation fails or if the EEOC is unable to find a reasonable cause that discrimination or retaliation occurred, the EEOC will issue a “right to sue” letter. The letter gives the employee the ability to file a lawsuit in state or federal court within 90 days.
Filing with the Office of the New York State Attorney General (OAG) Civil Rights Bureau
For Employees choosing to report the experience to the Civil Rights Bureau, the Bureau may investigate and determine if the experiences are evidence of a pattern of discriminatory practices affecting a significant number of people.
The Bureau will then decide whether to launch an investigation and/or initiate legal actions against the employer in the representation of the People of the State of New York and not the individual making the complaint. As such, filing with the OAG is not a replacement for bringing a case to court.
New York State Division of Human Rights (SDHR)
Discrimination complaints may be brought to the SDHR regarding employers of any size.
Within one year of the occurrence, an individual may file an employment discrimination or retaliation charge with the New York State Division of Human Rights. Alternatively, an individual may file a lawsuit within three years of the most recent discriminatory act directly in New York state court.
New York Discrimination Outcomes and Penalties
If an employer is found guilty of discrimination, the employer may be required to hire, reinstate, promote, or otherwise take corrective action toward the given applicant or employee.
Additionally, an employee or applicant may acquire an award of monetary damages. An award of monetary damages may consist of the following:
- Back pay
- The value of any lost benefits
- Compensatory damages for pain and suffering
- Punitive damages
The employee may further be awarded interest on lost wages and benefits as well as compensation for attorney’s fees.
The charged employer may also be required to change personal policies, employee training, and / or other procedures.
New York State Posting Requirements
To maintain compliance with New York State Labor Law Poster Requirements and the Human Rights Law, all employers are required to display the “New York State Human Rights Law (Executive Law, Article 15)” labor law poster. This poster covers all information on New York State anti-discriminaion laws.
Many employers handle posting requirements with a labor law poster subscription service, delivering compliant and up-to-date labor law posters automatically.
Get Help with New York Discrimination Laws
New York Discrimination Law encompasses a wide range of protections and regulations that are crucial for maintaining a fair and equitable workplace, but can be challenging to navigate without expert assistance.
Businesses needing support with New York Discrimination Law, struggling with discrimination policies, or finding it difficult to ensure compliance with these laws, should seek assistance from a New York HR Outsourcing company.
Such companies have many resources, including model policies, comprehensive training programs, and other HR Outsourcing Services to help your business maintain compliance and foster an inclusive work environment.
If you are a New York employer, you can find an HR provider today or contact us for help.
Guest Author: Carlee Northrup
Carlee Northrup is an HR Manager with over 12 years of experience at EBC HR & Payroll Solutions, a leading New York Payroll and HR provider, serving businesses throughout New York State and beyond. She began her career specializing in employee benefits administration and client support, helping organizations navigate benefits, compliance, and employee relations matters. Throughout her tenure at EBC, Carlee has worked closely with employers across a variety of industries, providing guidance on HR best practices, employee relations, leave administration, workplace policies, performance management, and regulatory compliance. After spending more than a decade supporting clients in a benefits management capacity, she transitioned to the Human Resources division, where she now serves as a trusted advisor to organizations on a wide range of HR matters. Carlee is dedicated to helping employers build compliant, effective workplaces while providing practical solutions to everyday HR challenges. Her hands-on approach and commitment to client service allow her to develop strong partnerships and support organizations in achieving their business and workforce goals.
