What State Laws Protect Employees from Discrimination in New York?

Employees in New York State are protected from workplace discrimination by some of the strongest state and local laws in the United States. These laws go beyond federal protections, covering more types of discrimination and applying to smaller employers that might not be covered under federal law.

The two primary state and local anti-discrimination laws in New York are:

The New York State Human Rights Law (NYSHRL) – which applies statewide and covers all employers, regardless of size

The New York City Human Rights Law (NYCHRL) – which provides even broader protections for employees working in New York City

This article explains these laws, the rights they provide, and how employees can file complaints under New York State law.

1. The New York State Human Rights Law (NYSHRL): Broad Protection for Workers

The New York State Human Rights Law (NYSHRL) is the primary state law prohibiting workplace discrimination in New York. It is enforced by the New York State Division of Human Rights (NYSDHR) and provides employees with a legal avenue to file complaints without needing to go through federal agencies.

Who Is Covered Under NYSHRL?

All employers, regardless of size (even those with just one employee).

“The NYSHRL limits primary liability for discrimination under § 296(1)(a) to employers. See N.Y. Exec. Law § 296(1)(a).” Bloise v. Q4 Generational Wealth, Inc., 1:22-cv-10488 (JHR) (SDA), at *15 (S.D.N.Y. Nov. 22, 2023)

“The term ’employer’ shall include all employers within the state. For the purposes of this article . . . .” N.Y. Exec. Law § 292

Independent contractors, freelancers, and domestic workers (unlike federal law, which often excludes these workers).

“It shall be an unlawful discriminatory practice for an employer to permit unlawful discrimination against non-employees in its workplace. An employer may be held liable to a non-employee who is a contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace or who is an employee of such contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace, with respect to an unlawful discriminatory practice, when the employer, its agents or supervisors knew or should have known that such non-employee was subjected to an unlawful discriminatory practice in the employer’s workplace, and the employer failed to take immediate and appropriate corrective action. In reviewing such cases involving non-employees, the extent of the employer’s control and any other legal responsibility which the employer may have with respect to the conduct of the person who engaged in the unlawful discriminatory practice shall be considered.” N.Y. Exec. Law § 296-D

Job applicants, unpaid interns, and former employees are also protected.

“It shall be an unlawful discriminatory practice for an employer to: a. refuse to hire or employ or to bar or to discharge from internship an intern or to discriminate against such intern in terms, conditions or privileges of employment as an intern . . . .” N.Y. Exec. Law § 296-C

What Types of Discrimination Are Prohibited?

Under NYSHRL, it is illegal for an employer to discriminate against an employee based on:

Race, color, ethnicity, and national origin
Religion and religious practices
Sex, gender identity, and sexual orientation
Pregnancy and pregnancy-related conditions
Age (protecting all ages, not just workers over 40 like federal law)
Disability (including temporary conditions such as pregnancy complications)
Marital status and familial status
Military status
Criminal conviction or arrest records
Victim status (domestic violence, sexual assault, or stalking survivors)

“Under NYSHRL and NYCHRL it is unlawful for an employer to fire or refuse to hire or employ, or otherwise to discriminate in compensation or in the terms, conditions or privileges of employment, because of an individual’s age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or domestic violence victim status. (see Executive Law § 296 [1][a]; Administrative Code § 8-107 [1][a]).” Shirazi v. New York Univ., 2017 N.Y. Slip Op. 32013, 3 (N.Y. Sup. Ct. 2017)

Protections Under NYSHRL

Employers cannot:

Refuse to hire, fire, or demote employees due to protected characteristics.
Retaliate against employees for reporting discrimination.
Create a hostile work environment through harassment.
Refuse to provide reasonable accommodations for employees with disabilities.

NYSHRL is significantly stronger than federal law because it applies to all employers, not just those with 15+ employees like Title VII.

2. The New York City Human Rights Law (NYCHRL): The Nation’s Strongest Employee Protection Law

For workers in New York City, the New York City Human Rights Law (NYCHRL) provides even greater protection than the state law. This law is enforced by the New York City Commission on Human Rights (CCHR) and applies to:

All NYC employers, regardless of size (even those with just one employee).
Freelancers, independent contractors, and gig workers.
Interns, job applicants, and former employees.

“Additionally, the NYCHRL does not distinguish between employees and independent contractors for purposes of prohibiting discriminatory actions (see Sellers v Royal Bank of Can., 2014 WL 104682, at *10 [SDNY Jan. 8, 2014], affd, 592 Fed Appx 45 [2d Cir 2015], quoting O’Neill v Atlantic Sec. Guards, Inc., 250 AD2d 493, 493 [1st Dept 1998] [unlike its state and federal counterparts, the NYCHRL protects independent contractors ‘if they are ‘natural persons’ who ‘carry out work in furtherance of an employer’s business enterprise”] see also NYC Admin Code § 8-102[5] [‘For purposes of this subdivision, natural persons employed as independent contractors to carry out work in furtherance of an employer’s business enterprise who are not themselves employers shall be counted as persons in the employ of such employer’])”. Bailey v. Brooklyn Hosp. Ctr., 2017 N.Y. Slip Op. 30013, 15 (N.Y. Sup. Ct. 2017)

What Discrimination Is Prohibited Under NYCHRL?

The NYCHRL prohibits all forms of workplace discrimination covered under NYSHRL, plus additional categories such as:

Weight and height discrimination
Immigration status
Caregiver status
Unemployment status
Being a victim of domestic violence, stalking, or human trafficking

“Unlike other statutes, however, the City HRL expressly provides for liability at the individual employee level, making it ‘an unlawful discriminatory practice… [f]or an employer or an employee or agent thereof, because of the actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, caregiver status, sexual and reproductive health decisions, sexual orientation, uniformed service, height, weight, or immigration or citizenship status of any person… [t]o discriminate against such person in compensation or in terms, conditions or privileges of employment’ (Administrative Code § 8-107 [1] [a] [3] [emphasis added]; NYC Legislative Annual 145-81 [1991]). The language providing for liability of ‘an employee or agent’ was added to the statute in 1991 (Local Law No. 39 [1991] of City of NY § 1).” Russell v. N.Y. Univ., 2024 N.Y. Slip Op. 2226 (N.Y. 2024)

Key Differences Between NYCHRL and NYSHRL

Lower Burden of Proof: Employees only need to show that discrimination was a factor, rather than the primary reason for an employer’s actions.

“The Second Circuit has consistently held that ‘a plaintiff in an employment discrimination case need not prove that discrimination was the sole motivating factor, the primary motivating factor, or the real motivating factor in the adverse employment action; she need only prove that discrimination was a motivating factor. Olson v. New York, 315 Fed.Appx. 361, 363, 2009 WL 690236, 1 (2d Cir. 2009).” Davis v. City of New York, 09 CV 669 (HB), at *5 (S.D.N.Y. Oct. 5, 2010)

No Caps on Damages: Unlike federal law, NYC employees can win unlimited punitive damages in court.

“The NYCHRL permits punitive damages, without limitation on the maximum amount.” Syrnik v. Polones Constr. Corp., 918 F. Supp. 2d 262, 265 (S.D.N.Y. 2013).” Ravina v. Columbia Univ., No. 16-CV-2137 (RA), at *28 (S.D.N.Y. Mar. 31, 2019)

Broader Definition of Harassment: NYCHRL defines harassment as any unwanted conduct, even if it is not severe or pervasive.

“ The NYCHRL imposes liability for harassing conduct that does not qualify as ‘severe or pervasive’ Williams v. New York City Rous. Auth., 61 A.D.3d 62, 76 (2009).” Whyte v. N.Y. State Police, 22-CV-05633 (NGG) (CLP), at *37 (E.D.N.Y. Nov. 9, 2023)

Reasonable Accommodations: Employers must accommodate pregnancy, religious beliefs, and disabilities, even if they do not qualify as “severe” under federal law.

NYCHRL is one of the strongest workplace protection laws in the country, offering broader coverage than both NYSHRL and federal laws.

3. How to File a Discrimination Complaint Under New York Law

Employees in New York State who experience workplace discrimination have multiple options for filing complaints under state law, without needing to go through federal agencies like the EEOC.

Option 1: Filing with the New York State Division of Human Rights (NYSDHR)

The NYSDHR enforces the New York State Human Rights Law (NYSHRL) and investigates discrimination complaints.

Time Limit: Employees must file a complaint within 3 years of discriminatory act.

“An action under the NYSHRL must be brought within three years of the occurrence of a discriminatory act or practice (CPLR 214[2]; Center for Independence of the Disabled v Metropolitan Transp. Auth., 184 A.D.3d 197, 200 [1st Dept 2020]). The statute of limitations for NYSHRL claims for discrete acts of discrimination and retaliation begins to run on the day such actions occur (Alameda v New York City Health & Hosps. Corp, 2018 NY Slip Op 32936(U) [Sup Ct, NY County 2018] quoting National R.R. Passenger Corp. v Morgan, 536 U.S. 101, 110 [2002]).” Pease v. City of New York, 2022 N.Y. Slip Op. 32728, 11 (N.Y. Sup. Ct. 2022)

Process
- Submit a complaint online or in person at a regional NYSDHR office.
- NYSDHR will investigate and may hold a hearing if evidence supports the claim.
- If the employer is found guilty, remedies may include monetary damages, reinstatement, or policy changes.

Option 2: Filing with the New York City Commission on Human Rights (CCHR)

For employees working in New York City, complaints can also be filed with the CCHR, which enforces NYCHRL.

Time Limit: Complaints must be filed within one year for discrimination cases and three years for sexual harassment cases

“As relevant here, actions for discrimination under the [NYSHRL] and the [NYCHRL] must be commenced within three years after the alleged unlawful discriminatory practice or act of discriminatory harassment (Mejia v T.N. 888 Eighth Ave. LLC Co., 169 AD3d 613, 613 [1st Dept 2019]; see CPLR 214 [2]; Administrative Code of City of NY. § 8-502[d]).” Raji v. SG Americas Sec., LLC, 2020 N.Y. Slip Op. 30042, 4 (N.Y. Sup. Ct. 2020)

Process:
- Employees file a complaint directly with the CCHR.
- The commission investigates and may mediate or prosecute the employer if a violation is found.
- Remedies may include compensation, job reinstatement, and policy reforms.

Option 3: Filing a Lawsuit in State Court

Employees also have the right to sue their employer directly in New York State court under NYSHRL or NYCHRL.

Time Limit:
- 3 years from the discriminatory act for NYSHRL cases.
- 3 years for NYCHRL cases (or one year if filing with the CCHR).

“Actions for discrimination under the New York State Human Rights Law (State HRL) and the City Human Rights Law (City HRL) must be commenced within three years after the alleged unlawful discriminatory practice or act of discriminatory harassment ( CPLR 214[2] ; Administrative Code of City of N.Y. § 8–502[d] ).” Meija v. T.N 888 Eighth Ave. LLC, 169 A.D.3d 613 (N.Y.App. Div. 2019

Benefits of Suing in Court:
- Employees may receive higher monetary awards than in an administrative complaint.
- There is no requirement to file a complaint with NYSDHR or CCHR first.
- Plaintiffs may be eligible for punitive damages and attorney’s fees.

New York’s state court system offers stronger protections and broader remedies compared to federal courts.

4. Remedies Available to Employees Under New York Law

If an employer is found guilty of discrimination under NYSHRL or NYCHRL, employees may receive various remedies, including:

Monetary Damages: Compensation for lost wages, emotional distress, and pain suffering.

Punitive Damages: Unlimited damages may be awarded under NYCHRL.

Job Reinstatement: Employees may be reinstated if wrongfully terminated.

Attorney’s Fees and Costs: Employers may be required to pay legal fees for successful claims.

The stronger enforcement mechanisms of NYSHRL and NYCHRL make them more effective than federal laws in protecting New York employees.

Policy Changes: Employers may be required to implement anti-discrimination training and policy reforms.

5. Conclusion: Strong State Protections for New York Employees

New York State provides some of the most comprehensive employment discrimination protections in the U.S. through NYSHRL and NYCHRL. These laws cover more employers, offer stronger remedies, and apply to more protected categories than federal laws.

Key Takeaways:

NYSHRL applies statewide and protects employees at any workplace, regardless of size.
NYCHRL applies in NYC and has the nation’s strongest worker protections.
Employees can file complaints with NYSDHR or CCHR, or sue directly in New York State court.
Stronger remedies are available in state courts, including uncapped punitive damages and broader harassment protections. If you experience workplace discrimination in New York, pursuing state-level legal options often provides better protections and stronger remedies than federal law