New York State Human Rights Law - The Complete Guide for 2025

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 maintain an equal employment opportunity (EEO). This 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 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 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-discrimination laws.

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: Linda Walleshauser

Linda Walleshauser is a senior-level certified human resources professional at HR Services at EBC HR & Payroll Solutions, a leading New York Payroll and HR provider, serving businesses throughout New York State and beyond. Linda has successful experience in leadership roles as a human resources executive, trusted advisor, total rewards manager, and strategic consultant. Linda's expertise also extends to leadership experience in higher education, manufacturing, and healthcare organizations, as well as strategic planning with executive teams in all industries. Everyday, Linda effectively develops and implements HR policies that drive improvement in organizational culture, employee performance, and operating results. Known for her strategic focus in organizational development, benefits and compensation programs, recruitment and retention, contract negotiations, career development, systems management, and retirement programs, Linda is committed to community service through board membership and volunteerism for many non-profit organizations in the Western New York area.