New York — Workplace Discrimination

The New York State Human Rights Law (NYSHRL), codified as Article 15 of the Executive Law, prohibits employment discrimination on the basis of the following protected characteristics: age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, marital status, familial status, and status as a victim of domestic violence. These terms are defined in Executive Law § 292. Section 296(1)(a) makes it unlawful for an employer to refuse to hire, discharge, or discriminate in compensation or the terms, conditions, or privileges of employment because of membership in any of these protected classes. The law also protects interns (paid or unpaid), domestic workers, and certain non-employees such as contractors, subcontractors, vendors, and consultants (see § 296-d).

As of February 8, 2020, the NYSHRL applies to all employers in New York, regardless of size (there is no longer a four-employee threshold at the state level).

Recent statutory changes:

• On December 19, 2025, New York amended § 296 to expressly allow disparate-impact employment discrimination claims (claims based solely on a policy’s disproportionate adverse effect, regardless of intent). Subdivision 5-a establishes a burden-shifting framework: employers may defend such policies if they demonstrate job-relatedness/business necessity, but a claimant can still prevail by showing a less discriminatory alternative exists.
• Effective April 18, 2026, employers in New York are prohibited from requesting, requiring, or using an applicant’s or employee’s consumer credit history in making employment decisions, with defined statutory exceptions. This is now an explicit unlawful discriminatory practice under New York law.

Source: N.Y. Exec. Law § 296 Source: N.Y. Exec. Law § 292

For employers located in New York City, the New York City Human Rights Law (NYCHRL) imposes additional anti-discrimination obligations beyond the state law. The NYCHRL applies to employers with four or more employees for most protected-class claims under Section 8-107. Independent contractors working in furtherance of the employer's business are counted toward the four-employee threshold. However, gender-based harassment claims under Section 8-107(1) apply to all NYC employers regardless of size, even those with fewer than four employees.

Source: N.Y.C. Admin. Code § 8-102 (employer definition)

Before February 8, 2020, the New York State Human Rights Law (NYSHRL, Article 15 of New York Executive Law) only applied to employers with four or more employees (with limited exceptions, such as for sexual harassment claims, which already applied to all employers since 2018). This threshold was eliminated by legislation signed in August 2019 (2019 N.Y. Laws ch. 160, S. 6577) and took effect on February 8, 2020. As of that date, the NYSHRL applies to all New York employers, regardless of size, for all protected-category discrimination claims (not just sexual harassment). As a statutory floor, this makes New York's anti-discrimination mandate broader than federal law (Title VII applies only to employers with 15+ employees, and the ADA follows the same threshold).

The amending law revised Executive Law § 292(5) and § 296, and the effective date is expressly provided in Section 7 of Chapter 160 of the Laws of 2019, which states: "This act shall take effect on the ninetieth day after it shall have become a law." Since it was signed on August 12, 2019, the applicable date is February 8, 2020.

Source: 2019 N.Y. Laws ch. 160, § 7 (NY Governor bill status) Source: N.Y. Exec. Law § 292 Source: N.Y. Exec. Law § 296

New York's Human Rights Law (NYSHRL) extends anti-discrimination protections beyond traditional employees. Executive Law § 296-d makes it unlawful for an employer to allow discrimination against non-employee individuals in the workplace, including contractors, subcontractors, vendors, consultants, or the employees of those parties, if the employer knew or should have known of the discrimination and failed to take immediate and appropriate corrective action.

Who is covered? Section 296-d explicitly lists:

• contractors;
• subcontractors;
• vendors;
• consultants;
• persons providing services pursuant to a contract in the workplace; and
• employees of such contractors, subcontractors, vendors, consultants, or other persons providing services.

When does liability attach? An employer may be liable if a non-employee is subjected to discrimination (e.g., based on race, sex, sexual orientation, gender identity or expression, age, disability, marital status, familial status, predisposing genetic characteristics, national origin, veteran status, or status as a victim of domestic violence) in the workplace, and the employer, its agents, or supervisors knew or should have known about the conduct and did not take immediate and appropriate corrective action. The statute provides that the extent of the employer's control and any other legal responsibility for the individual engaging in the conduct are relevant factors in determining liability.

Practical effect This means employers must address discriminatory conduct impacting not just their direct employees but also third-party workers and service providers present in the workplace. Failure to intervene can make the employer liable under state law, even if the affected party is not on their payroll.

Source: N.Y. Exec. Law § 296-d Source: NYS Division of Human Rights FAQ

The New York City Human Rights Law (NYCHRL), codified at N.Y.C. Admin. Code Title 8, expands the list of protected classes compared to the New York State Human Rights Law (NYSHRL). Under NYCHRL § 8-107, it is unlawful for most NYC employers to discriminate based on a broad array of characteristics, many of which go beyond state-level protections. Every term-of-art below is defined in the statute, with some additions made in response to specific local concerns or policy changes.

NYC-protected classes (with statutory subsections):

• Age (§ 8-107(1)(a))
• Race (§ 8-107(1)(a))
• Creed (religion) (§ 8-107(1)(a))
• Color (§ 8-107(1)(a))
• National origin (§ 8-107(1)(a))
• Gender (includes gender identity and gender expression; see § 8-102, § 8-107(1)(a))
• Disability (§ 8-107(1)(a))
• Sexual orientation (§ 8-107(1)(a))
• Marital status (§ 8-107(1)(a))
• Partnership status (§ 8-107(1)(a); not expressly covered by NYSHRL)*
• Caregiver status (§ 8-107(1)(a); enacted by Local Law 83 of 2015, effective May 4, 2016)*
• Pregnancy (§ 8-107(22))
• Pregnancy-related condition (§ 8-107(22))
• Status as a victim of domestic violence, stalking, or sex offenses (§ 8-107(1)(a), (29); covers additional acts beyond state law)*
• Alienage or citizenship status (§ 8-107(1)(a); explicitly listed in NYC, not in NYSHRL)*
• Unemployment status (§ 8-107(21); added by Local Law 14 of 2013, effective June 11, 2013)*
• Status as a veteran or active military service member (§ 8-107(1)(a))
• Salary history (restrictions on inquiries; § 8-107(25), effective October 31, 2017)*
• Sexual and reproductive health decisions (§ 8-107(28); added by Local Law 37 of 2019, effective May 20, 2019)*
• Credit history (employment-related restrictions; § 8-107(24); effective September 3, 2015)*
• Arrest or conviction record (§ 8-107(10), (11); protections are broader and partly distinct from state law)*

*These classes are not expressly protected as distinct categories in NYSHRL, making them unique to NYC or broader in scope than parallel state law.

Effective dates and comparison:

• Partnership status and alienage/citizenship status have been on the NYC list since its initial formulation in the late 1980s and 1991 reform (see Local Laws 39/1986 and 39/1991).
• Caregiver status was added in 2016 (Local Law 83).
• Unemployment status, credit history, and salary history restrictions took effect in 2013, 2015, and 2017 respectively (see cited subsections).
• Sexual and reproductive health decision protection took effect in 2019 (Local Law 37).

For the full statutory enumeration, see NYC Administrative Code § 8-107. Where NYC law and state law overlap, NYC employers must apply the broader or more specific local rule when covering employees working in the city.

Source: N.Y.C. Admin. Code § 8-107

NYSHRL (New York State Human Rights Law) — Filing Deadlines

For claims under the NYSHRL, the statute of limitations depends on timing and claim type:

• For discriminatory acts occurring on or after February 15, 2024, employees have three years from the alleged act to file an administrative complaint with the NY State Division of Human Rights (NYSDHR).
• For acts from August 12, 2020 through February 14, 2024, most discrimination claims have a one-year deadline, but employment sexual harassment claims have a three-year filing deadline. (This three-year rule for sexual harassment took effect via 2019 statutory amendment.)
• For acts before August 12, 2020, the deadline is generally one year for all claims.
• All deadlines run from the date of the most recent alleged unlawful practice. These reflect amendments in 2019 (L. 2019, ch. 160) and 2023 (L. 2023, ch. 591), both of which modified N.Y. Exec. Law § 297(5).

NYCHRL (NYC Human Rights Law) — Filing Deadlines

• Complaints to the NYC Commission on Human Rights must generally be filed within one year of the last discriminatory or retaliatory act.
• Exception: Filing for gender-based harassment allows three years from the last incident (N.Y.C. Admin. Code § 8-109(e)).
• If suing in court under the NYCHRL, the deadline is three years from the act (N.Y.C. Admin. Code § 8-502(d)), and this period is tolled (paused) while an administrative complaint is pending before the Commission or the State Division (see § 8-502(d)).

Practical note: Where claims overlap, especially with sexual or gender-based harassment, practitioners should verify the date of alleged acts and choose forum to maximize filing windows.

Source: N.Y. Exec. Law § 297(5) Source: N.Y.C. Admin. Code § 8-109(e) Source: N.Y.C. Admin. Code § 8-502(d)