Federal & State Regulations | Discrimination - Other - New York

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Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The New York law identifies the following protected classes for purposes of employment discrimination:

Age,
Race (including traits historically associated with race, including but not limited to, hair texture and protective hairstyles, such as braids, locks, and twists),
Creed,
Color,
National origin (includes ancestry),
Citizenship or immigration status (of any person or the immigration status of any person who is not a citizen of the United States).
Sexual orientation (heterosexuality, homosexuality, bisexuality or asexuality, whether actual or perceived),
Gender identity or expression (a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including the status of being transgender),
Military status (a person’s participation in the armed forces of the U.S. or the state, including the army national guard, the air national guard, the New York naval militia, the New York guard, and such additional forces as may be created by the federal or state government),
Sex,
Disability (physical, mental, or medical impairment),
Predisposing genetic characteristics (any inherited gene or chromosome, or alteration thereof, and determined by a genetic test or inferred from information derived from an individual or family member that is scientifically or medically believed to predispose an individual or the offspring of that individual to a disease or disability, or to be associated with a statistically significant increased risk of development of a physical or mental disease or disability),
Familial status,
Marital status, and
Status as a victim of domestic violence.

New York’s Codes, Rules and Regulations also indicates that it is unlawful to discriminate because of an individual’s:

Relationship or association with a member of a protected class covered under the state’s Human Rights Law,
Prior arrest or conviction record, or
The use of legal consumable products or participation in legal recreational activities outside of work hours and off the employers premises.

Employer defined

The term “employer” does not include any employer with fewer than four persons in his employ.

CROWN Act

The New York CROWN Act (S. 6209) amended the state’s human rights law to prohibit race discrimination by employers, labor organizations, or employment agencies based on certain traits, including natural hairstyles.

It did so by defining “race” to include, but not be not limited to, ancestry, color, ethnic group identification, and ethnic background, and traits historically associated with race, including but not limited to, hair texture and "protective hairstyles".

The term "protective hairstyles" is defined to include, but not be limited to, such hairstyles as braids, locks, and twists.

Unlawful employment practices

The unlawful employment practices based on sexual orientation, transgender status, and military status are essentially the same as those for other protected classes.

Discrimination on the basis of arrest record

It is unlawful for to deny any license or employment to any individual by reason of his or her having been convicted of one or more criminal offenses, or by reason of a finding of a lack of “good moral character” which is based upon his or her having been convicted of one or more criminal offenses, when such denial is in violation of the provisions of article twenty three A of the correction law.

It is unlawful, unless specifically required or permitted by statute, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, in connection with the licensing, employment, or providing of credit or insurance to such individual. However, these provisions do not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace.

Discrimination on the basis of family status

Employers may not refuse to hire or employ or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment on the basis of family status. “Familial status” would include whether a person is pregnant, has a child, or is in the process of securing legal custody of an individual under the age of 18.

Employment of persons with certain genetic disorders

Unless it can be clearly shown that a person’s unique genetic disorder would prevent that person from performing the particular job, no person who is otherwise qualified shall be denied equal opportunities to obtain and/or maintain employment and/or to advance in position in his job solely because said person has a unique genetic disorder. Under this law, “unique genetic disorder” is limited to sickle cell trait, carriers of Tay-sachs disease or carriers of Cooley’s anemia.

Domestic violence victim status

The term “domestic violence victim” means an individual who is a victim of an act which would constitute a family offense under section 812 of the state Family Court Act.

Discrimination on the basis of expressing breast milk

Employers may not discriminate against an employee who chooses to express breast milk at work.