Which of these is not a source of law that protects employees against race discrimination.

Federal, state, and local laws protect workers from discrimination or harassment based on certain protected characteristics. New York State law protects workers against discrimination or harassment based on their age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, status as a victim of domestic violence, arrest record or conviction record, or sincerely held practice of religion.

See below for more information about your rights under New York State law and New York City law and how to make a complaint if you believe you have been treated unfairly or harassed by your employer.

Federal, state, and local laws prohibit employers in New York State from treating employees differently for having certain characteristics. But not all unfair treatment is illegal. The law requires that you possess at least one of the protected characteristics under the law and that the adverse treatment (the unlawful discriminatory practice) you experienced from your employer was because of that protected characteristic.

In New York State, your employer cannot treat you differently because of the following protected characteristics:

• age
• race [1]
• creed
• color
• national origin
• sexual orientation
• gender identity or expression
• military status
• sex
• disability
• predisposing genetic characteristics
• familial status [2]
• marital status
• status as a victim of domestic violence [3]

Further, in New New York State, your employer cannot discriminate against you for engaging in certain activities:

• political activities outside of working hours, off the employer’s premises, and without use of employer’s equipment or other property
• legal use of consumable products, including cannabis, outside of working hours, off the employer’s premises, and without use of the employer’s equipment or other property
• legal recreation activities outside of working hours, off the employer’s premises, and without use of employer’s equipment or other property

In addition to the protected categories stated above, New York City law[4] prohibits discrimination based on the following:

• immigration or citizenship status
• sexual and reproductive health decisions
• unemployment status
• credit history
• caregiver status
• status as a victim of stalking and sex offenses [5]

As of March 13, 2022, New York City law protecting workers against discrimination applies to domestic workers, regardless of the number of employees. [6]

Unlawful discriminatory practices in New York State based on one or more of the characteristics listed above include: [7]

• Refusal to hire, failure to promote, a demotion, a significant workplace transfer, a termination, and having lower pay
• Discrimination against such person in compensation or in terms, conditions, or privileges of employment
• Printing or circulating any statement, advertisement, or publication, which expresses or intends to make any limitation, specification, or discrimination of a protected characteristic unless based upon a bona fide occupational qualification
• Using any form of application for employment or making any inquiry in connection with prospective employment, which expresses or intends to make any limitation, specification, or discrimination of a protected characteristic unless based upon a bona fide occupational qualification
• For an employer to require a prospective employee to submit to marijuana testing as a condition of employment [8]

If you work in New York City, the following are also unlawful discriminatory practices:

• Based on one or more of the characteristics listed above, for an employer to represent that any employment or position is not available when in fact it is available. [9]
• For an employer to inquire about salary history of an applicant for employment. [10]

For more information about workplace discrimination in NYC, see below:

• NYC Commission on Human Rights (CCHR)
– Website: nyc.gov/humanrights– Phone: 311 or (718) 722-3131
• NYC Department of Consumer and Worker Protections (DCWP):
– Website: nyc.gov/dca– Phone: 311 or (212) NEW-YORK if you are outside of NYC. – Email:

New York State law requires employers to reasonably accommodate an employee’s religious practices, an employee’s disability, and an employee’s pregnancy-related condition.

Religion
New York employers must make an effort to reasonably accommodate an employee’s religious practices, so long as it does not cause an undue hardship for the employer [11]. A reasonable accommodation refers to an adjustment or modification to workplace rules or environment so that an employee can practice his or her religion. Accommodations may include but are not limited to time off or modified work schedule, trading shifts with a co-worker, modifications to dress code, and schedule changes to account for Sabbath or holy day observance.

An employer is not required to grant the specific accommodation requested, as long as the accommodation offered meets the employee’s needs.

For more information about accommodations for religious practices, please visit Religious Accomodations Employment.

Disability
A “person with a disability”[12] includes a person who has a record or history of impairment, even if s/he does not currently have an impairment. These individuals are protected from discrimination, but only current impairments need to be reasonably accommodated. [13]

Reasonable accommodations may include but are not limited to making existing facilities more readily accessible to individuals with disabilities; acquisition or modification of equipment; job restructuring; modified work schedules; adjustments to work schedule for treatment or recovery; reassignment to an available position; adjustment of examinations, training materials or policies; providing readers or interpreters. [14]

Pregnancy
A pregnancy-related condition is defined as a medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques. When an employee requests a pregnancy-related accommodation, she is required to provide the employer with any medical information needed to verify the existence of a pregnancy-related condition, should the employer request it. [15]

Examples of reasonable accommodations include bathroom breaks, breaks for water intake, periodic rest for those who stand for long periods of time, and assistance with manual labor.

Employers are also required to provide accommodations to breastfeeding employees. An employer must provide reasonable unpaid break time or permit an employee to use paid break time or meal time each day to express breast milk for her nursing child for up to three years following child birth. Employers must also make reasonable efforts to provide a room or other location, in close proximity to the work area, where an employee can express milk in privacy.[17] Employers are prohibited from discriminating against an employee who elects to express breast milk in the workplace. [18]

New York City Law
Under New York City law, it is an unlawful discriminatory practice for an employer to refuse or fail to engage in cooperative dialogue within a reasonable time if you requested accommodation (1) for religious needs; (2) related to disability; (3) related to pregnancy, childbirth, or related medical condition; or (4) for such person’s needs as a victim of domestic violence, sex offenses, or stalking. [19]

In New York State, it is an unlawful discriminatory practice for an employer to treat applicants or employees differently based on religious beliefs or practices, in any area of employment, including recruitment, hiring, assignments, discipline, promotion, and benefits. It is illegal for employers to subject employees to harassment because of religious beliefs or practices. It is also illegal for employers to retaliate against applicants or employees for reporting alleged religious discrimination in the workplace.

Employers must make a reasonable religious accommodation for an employee’s sincerely held religious belief, which allows employees to follow their religious beliefs with a minor change to the work environment. This is unless doing so creates an undue hardship on the conduct of the employer’s business. [20]

For more information, visit Religious Rights in the Workplace.

In New York State, it is an unlawful discriminatory practice to ask an applicant or employee whether they have ever been arrested or had a criminal accusation filed against them. It is not unlawful to ask if a person has any pending arrests or accusations. It is not unlawful to inquire about convictions. N.Y. Exec. Law § 296(16).

In New York State, it is an unlawful discriminatory practice to deny employment, to refuse to hire, to terminate, or to take an adverse employment action against an applicant or employee because of their conviction record unless there is a direct relationship between a prior criminal offense and the specific employment sought or held or employment of that individual would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. N.Y. Exec. Law § 296(15).

For more information about your rights in New York State, visit Protections People Arrest and Convictions.

If you are applying for a job in New York City, employers cannot ask you about your criminal background until after a conditional offer of employment is made. Even if you receive a conditional offer of employment, and the employer decides to conduct a criminal background check, the employer can never ask about or consider arrests that did not result in a criminal conviction, cases adjourned in contemplation of dismissal, violations for things like disorderly conduct, or cases where a person was adjudicated as a youthful offender or juvenile delinquent.

For more information about your rights in New York City, visit Fair chance act Campaign.

All employers, regardless of the number of employees in the workplace, are prohibited from sexually harassing employees. Harassment is against the law whenever it subjects an individual to inferior terms, conditions, or privileges of employment. All federal, state, and local anti-harassment laws still apply whether or not work is conducted within the four corners of the job site or within your own home.

Under New York State law, sexual harassment does not need to be “severe or pervasive” before it is unlawful. A single incident can be sufficient. Harassment is unlawful if it is anything other than “petty slights or trivial inconveniences.” Sexual harassment can include the following:[21]

• Unwanted verbal or physical sexual advances, sexually explicit statements, or discriminatory remarks that are offensive or objectionable to the recipient
• Requests for sexual favors, which may be accompanied by implied or overt threats concerning one’s job performance evaluation or promotion
• Subtle or obvious pressure for unwelcome sexual activities
• Verbal harassment or abuse in the form of a pattern of sexual comments or questions
• Unnecessary or inappropriate physical contact
• Displays of lewd photographs or drawings
• Unwelcome sexual advancements, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made (either explicitly or implicitly) a term or condition of employment, is used as a basis for decisions affecting one’s employment, has the purpose or effect of interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive working environment

For more information and to file a complaint with the New Your State Division on Human Rights, visit information on Sexual Harassment.

Federal, state, and local laws prohibit all employers in New York State from harassing employees. Your employer cannot harass you because of your age, race [22], creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status[23], marital status, status as a victim of domestic violence.[24]

Prohibited harassment in New York State based on one or more of the characteristics listed above include:[25]

• Subjecting any individual to harassment because the individual has opposed any practices under New York State law, or because the individual has filed a complaint, testified, or assisted in any proceeding under New York State law, regardless of whether such harassment would be considered severe or pervasive under precedent applied to harassment claims
• Subjecting an individual to inferior terms, conditions, or privileges of employment because of the individual’s membership in one or more protected categories
• Words, jokes, pranks, and intimidation or physical violence that is directed at an employee or intern because of their membership in any protected class.
• Offensive workplace behavior based on stereotypes or which is intended to cause discomfort or humiliation.

All federal, state, and local anti-harassment laws still apply whether work is conducted within the four corners of the job site or within your own home.

Non-employees are protected from harassment and other discriminatory actions at their workplace. These non-employees include:

• Contractors, subcontractors, vendors, consultants, independent contractors, “gig” workers, temporary workers, equipment repair workers, cleaning services workers, or anyone providing services in the workplace and or providing any other services according to a contract with the employer. [26]

In New York State, employers are prohibited from retaliating against employees—taking action that would punish an employee and or worker in some form—for complaining about potential employment law violations, providing information to government agencies, or participating in governmental proceedings.[27] Some examples of retaliatory actions by an employer include, but are not limited to the following:[28]

• Dismissal from employment
• Cut in work hours
• Reschedule to less desired hours
• Cut in pay
• Disciplinary action
• More intensive or critical supervision
• Demotion or transfer
• Witdrawal of previously allowed privileges
• Assignment to more difficult employees
• Demanding increased production
• Threats to take such actions, and or threats to subject the employee to a lawsuit or criminal authorities, or deportation authorities

In New York City, it is an unlawful discriminatory practice for an employer to retaliate or discriminate against any person because that person opposed a practice forbidden under NYC law; filed a complaint, testified, or assisted in a proceeding regarding illegal discrimination or harassment under NYC law; or requested a reasonable accommodation. Under New York City law, the retaliation or discrimination complained of does not need to result in an ultimate employment action or a material change in the terms or conditions of employment. But the retaliatory act must be reasonably likely to deter a person from engaging in protected activity. [29]

In New York State you can file a discrimination or harassment claim with the New York Division of Human Rights (DHR) and/or the U.S. Equal Employment Opportunity Commission (EEOC).

• Printable Form: NYSDHR Employment Complaint Form
• Online Form: NYSDHR Employment Complaint Form (fillable)
• Email form responses:
• Fax form responses: 718-741-8322
• Mail: send to regional office nearest you (list here: https://dhr.ny.gov/contact-us)
• For more information and questions for NYSDHR:
– Phone: 1-888-392-3644, or contact via TDD/TTY at 718-741-8300– Website: www.dhr.ny.gov/complaint– General inquiries email:
• To file a complaint with the U.S. Equal Employment Opportunity Commission, visit or call 800-669-4000.

Discrimination complaints must be filed within 180 days of the day on which the discrimination took place. Additionally, as of August 12, 2020, a sexual harassment complaint is extended from within 1 year to 3 years of the day on which the sexual harassment took place.

In addition, if you live in New York City, you can file with the New York City Commission on Human Rights (CCHR)’s Law Enforcement Bureau (LEB). To make an appointment or for more information on how to report discrimination or about the complaint process call 311 or (212) 416-0197 or visit https://www1.nyc.gov/site/cchr/index.page.

1"Race” includes “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” N.Y. Exec. Law § 292(38); see also New York City Commission on Human Rights, Legal Enforcement Guidance on Race Discrimination on the Basis of Hair, available: https://www1.nyc.gov/site/cchr/law/hair-discrimination-legal-guidance.page.

2“Familial status” includes any person who is pregnant or has a child. N.Y. Exec. Law § 292(26).

3New York Exec Law § 296.

4The New York City Human Rights Law generally applies to employers with 4 or more employees. NYC Admin Code § 8-102. However, if an employee has a claim of gender-based harassment against their employer, then the number of employees the employer has does not matter for purposes of bringing the claim. Further, the number of employees an employer has does not matter when the employee is a domestic worker.

5NYC Admin Code § 8-107, https://www1.nyc.gov/site/cchr/law/the-law.page

6NYC Admin Code § 8-107(23) (effective 3/13/2022).

7New York Exec Law § 296.

8https://dol.ny.gov/system/files/documents/2021/10/p420-cannabisfaq-10-08-21.pdf; NYC Admin Code § 8-107(31).

9NYC Admin Code § 8-107, https://www1.nyc.gov/site/cchr/law/the-law.page

10NYC Admin Code § 8-107(25).

11New York Exec Law § 296(10).

12“Disability” is defined as (i) “a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques” or (ii) “a record of such an impairment” or (iii) “a condition regarded by others as an impairment.” With respect to employment, the term “disability” is “limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.” New York Exec Law § 292(21).

13New York Exec Law § 292(21-e); 9 NYCRR § 466.11.

14New York Exec Law § 292(21-e); 9 NYCRR § 466.11.

15New York Exec. Law § 296(3)(c).

16N.Y. Labor Law § 206-c.

17N.Y. Labor Law § 206-c.

18N.Y. Labor Law § 206-c.

19NYC Admin Code § 8-107(28).

20New York Exec Law § 296(10).

21New York State Human Rights Law, https://dhr.ny.gov/sites/default/files/pdf/nysdhr-sexual-harassment.pdf

22"Race” includes “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” N.Y. Exec. Law § 292(38); see also New York City Commission on Human Rights, Legal Enforcement Guidance on Race Discrimination on the Basis of Hair, available: https://www1.nyc.gov/site/cchr/law/hair-discrimination-legal-guidance.page.

23“Familial status” includes any person who is pregnant or has a child. N.Y. Exec. Law § 292(26).

24N.Y. Exec Law §296(1)(h); New York State Human Rights Law, Important Updates to New York State Human Rights Law, https://dhr.ny.gov/sites/default/files/pdf/nysdhr-legal-updates-10112019.pdf

25New York Exec Law § 296.

26New York Exec Law § 296-d.

27New York Exec Law § 296(7).

28Department of Labor, Retaliation, https://dol.ny.gov/retaliation

29NYC Admin Code § 8-107(7).

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