The New York City Human Rights Law
The New York City Human Rights Law (NYCHRL) was enacted in 1991, with its constitutionality being upheld in 1994 by the state Appellate Court. Ever since then, the NYCHRL has been one of the strongest human rights laws in the United States, offering protections that outstrip its state and federal equivalents. If you have been discriminated against on the job in New York City, you can seek redress under the NYCHRL.
Broader Protections For Workers
As with other antidiscrimination laws, the NYCHRL bars discriminatory practice not just in employment, but also in housing and public accommodations. While federal antidiscrimination laws like Title VII of the Civil Rights Act of 1964 bar discrimination based on a handful of protected classes (for example, race, religion, gender/sex, and nationality, among others), the NYCHRL considers far more characteristics to be protected. Examples include:
- Age;
- Immigration status;
- Disability;
- Sexual orientation;
- Gender identity;
- Salary history;
- Having a criminal record; and
- Many other immutable characteristics.
There are even more protected classes with regard to housing – for example, having children or where one’s income comes from cannot be grounds for a potential landlord to refuse an applicant.
How To Seek Redress
If you believe that you have been discriminated against at work, the NYCHRL allows you (or an attorney, on your behalf) to file a complaint with the city’s Human Rights Commission within 1 year of the incident (or within 3 years, if the alleged harassment was gender-based). Be advised that if you file with the NYC Human Rights Commission, you may not seek relief with any other body (such as the state Human Rights Commission or the Equal Employment Opportunity Commission).
If attempted mediation through the NYHRC is unsuccessful, you may find yourself going to trial against your employer. The stakes are high – New York law allows a prevailing plaintiff at trial to recover both compensatory damages and attorney’s fees (and, in rare cases, punitive damages) – but trial is rare, given most employers’ incentive to settle these types of cases.
Contact A New York City Employment Discrimination Attorney
If you live or work in New York City and have been discriminated against on the job, you have the right to seek compensation under one of the United States’ most expansive antidiscrimination laws. A New York City employment discrimination attorney from the Mansell Law NYC Human Rights Lawyers can help guide you through the legal process. Contact our office today at (646) 921-8900 for a free consultation.
https://www.nyc.gov/site/cchr/law/the-law.page
