Employment - Workplace Discrimination

In New York, federal, state, and city law protect workers from discrimination based on Race, Color, Sex, National Origin, Disability, Religion, Age (over age 18), Marital Status, Sexual Orientation, and Status as a Victim of Domestic Violence.

Federal law applies to workplaces with more than 15 employees.  State and city law apply to workplaces with 4 or more employees.

An employer cannot do any of the following based on a worker's race, color, sex, national origin, disability, religion, age, marital status, sexual orientation, or status as a victim of domestic violence:

• Hire or fire
• Harass
• Pay people at different rates, give different assignments or job titles
• Make decisions about transfer, promotion, layoff or recall
• Specify certain types of people in job advertisements
• Recruit only certain types of people
• Require testing of certain people (including medical tests)
• Allow only certain people use of company facilities
• Provide training and apprenticeship programs only to some people
• Provide different fringe benefits
• Pay different rates for the same job, provide retirement plans or disability leave
• Do anything else that affects terms or conditions of employment

In New York, it is unlawful for most employers to ask job applicants about arrests that did not result in convictions.  It is also unlawful for employers to decide not to hire applicants because of a past conviction unless the conviction was for an offense directly related to the job.

If you think you have been the discriminated against, it is best to consult an attorney.  Click here to find an attorney.

You may also file a complaint with:

New York City Commission on Human Rights.  To file a complaint, you must make an appointment for an intake interview.  To schedule an appointment, call (212) 306-7450.  When you visit the Commission on Human Rights, you should bring all information about the discrimination, such as names, addresses, and phone numbers of the people or organizations who you believe discriminated against you and the dates of the events.

Law Enforcement Bureaus and Community Centers are located at:

You may be able to file a state claim with the New York State Division on Human Rights or a federal claim with the Equal Employment Opportunity Commission.