The New York City Human Rights Law is one of the strongest workplace anti-discrimination laws in the country, and if you work in New York, NY, it may protect you in ways that federal and state law do not. Understanding what this law covers — and what it does not — can help you figure out whether you have a workplace problem worth pursuing.
This article explains the basics of the New York City Human Rights Law, who it covers, what kinds of workplace conduct it addresses, and what steps employees in New York, NY often take when they believe their rights have been violated.
What Is the New York City Human Rights Law?
The New York City Human Rights Law (NYCHRL) is a local civil rights law that prohibits discrimination, harassment, and retaliation in employment, housing, and public accommodations within New York City. It is administered and enforced by the New York City Commission on Human Rights. Courts have interpreted the NYCHRL more broadly than both federal law and New York State law, which means employees in New York, NY often have stronger protections here than workers in other parts of the country.
Who Does the New York City Human Rights Law Cover?
The NYCHRL covers a wide range of workers. Most employees who work within the five boroughs of New York City are protected, regardless of their immigration status or the size of their employer. Unlike federal anti-discrimination law, which generally applies only to employers with 15 or more employees, the NYCHRL applies to employers with as few as 4 employees for most claims. An attorney can confirm how the specific rules apply to your situation.
The law also extends protections to independent contractors, freelancers, and unpaid interns in many circumstances — a broader reach than most other anti-discrimination laws.
What Types of Discrimination Does the NYCHRL Prohibit?
The NYCHRL prohibits employment discrimination based on a long list of protected characteristics. Under New York City law, employers generally cannot make job decisions based on any of the following:
- Race, color, or national origin
- Sex, gender identity, and gender expression
- Sexual orientation
- Age (which covers workers of all ages, not just those 40 and older)
- Disability (physical or mental)
- Religion or creed
- Pregnancy and related conditions
- Immigration or citizenship status
- Caregiver status
- Unemployment status
- Criminal history (in many hiring contexts)
This list is longer than what federal law covers. If you are unsure whether your situation involves a protected characteristic, a local employment attorney can review the specifics.
How Does the NYCHRL Address Workplace Harassment?
Under the NYCHRL, the standard for what counts as unlawful harassment is lower than under federal law. Federal law generally requires harassment to be "severe or pervasive" before it becomes actionable. New York City's law asks only whether you were treated "less well" than others because of a protected characteristic. This means a pattern of minor but repeated mistreatment may still be actionable under the NYCHRL, even if it would not rise to the level of a federal claim. An attorney can help you assess which standard applies to your circumstances.
Does the NYCHRL Protect Employees Who Report Violations?
Yes. The NYCHRL prohibits retaliation against employees who report discrimination, file a complaint, or participate in an investigation. Retaliation can take many forms in the workplace, including termination, demotion, reduced hours, a hostile work environment, or other adverse actions taken because you exercised your rights. If you believe you were punished for speaking up about discrimination or harassment in New York, NY, that retaliation may itself be a separate violation of the law.
How Do You File a Complaint Under the New York City Human Rights Law?
Employees in New York, NY generally have a few options for pursuing a claim. You can file a complaint with the New York City Commission on Human Rights, file with the Equal Employment Opportunity Commission (EEOC), or file a lawsuit directly in court. One important detail: the time limit for filing with the City Commission is generally within one year of the discriminatory act, while other routes may have different deadlines. Missing a deadline can affect your ability to pursue a claim, so speaking with an attorney as soon as possible matters. An attorney can confirm the deadlines that apply in your case.
The process involves several steps that vary depending on which route you choose:
- Gathering documentation of the discriminatory conduct (emails, texts, performance reviews, witness names)
- Filing a formal complaint with the appropriate agency or court
- Participating in any investigation or mediation process
- Proceeding to a hearing or trial if the matter is not resolved earlier
Frequently Asked Questions About the NYCHRL
Below are answers to some of the questions employees in New York, NY ask most often about the New York City Human Rights Law.
Does the NYCHRL apply to small businesses?
Yes, in most cases. The NYCHRL applies to employers with 4 or more employees for most claims, which is a lower threshold than federal anti-discrimination law. An attorney can confirm whether your employer qualifies.
Can I sue my employer directly under the NYCHRL without filing with an agency first?
Generally, yes. Unlike some federal laws, the NYCHRL allows employees to file a lawsuit in court without first exhausting an administrative process, though there are strategic reasons to weigh both options carefully with an attorney.
What can I recover if I win a NYCHRL claim?
Potential remedies often include back pay, compensatory damages, and attorney's fees, among other relief. No outcome is guaranteed, and the specifics depend heavily on the facts of your case.
Are freelancers and independent contractors protected?
Many are protected under the NYCHRL, which extends to independent contractors and freelancers in a number of circumstances — a broader reach than most other anti-discrimination laws. An attorney can review whether your work arrangement qualifies.
If you believe your rights under the New York City Human Rights Law may have been violated, FindCounselNow can connect you with an independent, licensed employment law attorney in New York, NY for a free case review — so you can understand your options before deciding what to do next.