NYC Human Rights Law

All Patrons Should Have Full and Equal Enjoyment of Goods, Services, and Facilities .

Business cannot discriminate against patrons based on protected categories, including actual or perceived : Age; Color; Disability; Gender; Gender Identity and Expression; Height & Weight; Immigration or Citizen Status; Marital or Partnership Status; Military Service; National Origin; Pregnancy; Race; Religion/Creed; and Sexual Orientation.

• Discrimination includes denying goods, services, and facilities or making patrons feel unwelcome based on a protected category.
• Making statements or posting advertisements that directly or indirectly suggest any limitation based on a protected category or otherwise discriminates, is also unlawful.

Patrons with Disabilities are Entitled to Reasonable Accommodations

Businesses are required to provide reasonable accommodations to patrons with disabilities, and cover the cost, unless doing so causes an undue hardship.

         Examples:

• Allowing a patron to keep their service animal with them, even if there is a “no pets” policy
• Installing ramps or lifts to ensure equal access for persons using canes or wheelchairs.
• Providing tables at a height for wheelchair users
• Installing signage that describes how patrons that can’t enter or navigate stores can use services – where space modifications present an undue hardship

Ensuring ATMs are accessible for patrons using assistive devices.

Businesses can only ask 2 questions if a patron has a service animal: (1) Is that service animal required because of a disability and (2) what work or task does the animal perform?

Learn more about Service Animals in Public Places

Businesses must engage in a cooperative dialogue with a patron who has requested an accommodation or who the covered entity has notice may require such an accommodation.

Patrons May Be Entitled to Alternative Actions Based on Body Size

An alternative action is a practicable measure which allows an individual to use or enjoy the goods, services and facilities offered, but does not require structural modification, material change to operations or impose a significant cost on the covered entity.

What is practicable depends on the circumstances of a business, which can include the entity’s size, operations, and the timing of the request. For example, most full-service restaurants can provide alternative seating to serve patrons of various sizes.

All Employees, Interns, Job seekers, and Independent Contractors Have the Right to be Free From Discrimination

Business cannot discriminate against employees or applicants based on actual or perceived protected categories, including: actual or perceived Age; Arrest or Conviction Record; Caregiver Status; Color; Credit History; Disability Gender; Gender Identity; Immigration Status; Marital or Partnership Status; Military Service; National Origin; Pregnancy; Race; Religion/Creed; Salary History; Sexual and Reproductive Health Decisions; Sexual Orientation; Status as Victim of Domestic Violence, Sexual Violence, or Stalking; Unemployment Status.

Applicants and Employees Should Know Their Rights.  Employers Need to Educate Employees on Protections Against Discrimination in Hiring, at Work and When Being Terminated, and on Protections Against Retaliation.  This includes the following:

• Post the Commission’s Notice of Rights.
• Provide a Written Description of Sexual Harassment Protections & Post the Legal Notice in the Workplace in English and Spanish (required for all employers).
• Post the Pregnancy Accommodations Notice (Required for employers with 4 or more employees or one or more domestic workers).
• Ensure Employees Receive Training on Gender-Based Harassment annually (required for all employers with 15 or more employees).
• Employers Need to Be Inclusive When Hiring
• Avoid asking about Salary History or Credit History at any time in the application process (these questions are prohibited at any time).
• Do not inquire into Criminal History (these questions are prohibited prior to a conditional offer for most jobs) or take adverse action at any time based on a past conviction without following the process in the NYCHRL. Positions supervising or caring for children.

Employers Must Include a Salary Range in Job Advertisements. Employers should indicate the minimum and maximum salary that they believe they will pay at the time of listing any position.

Employers Must Have a Lactation Policy and a Space Appropriate for Lactation. Employees have the right to a private space to lactate that is clean, accessible, and has access to running water.

Applicants and Employees are Entitled to Reasonable Accommodations

This can include a change to work schedule, or duties, or physical modifications or supportive software to enable an individual to perform essential job functions, unless it causes an undue hardship for the business.

        Employees are Entitled to Reasonable accommodations on the basis of:

• Disability;
• Pregnancy, childbirth or related medical condition;
• Religious observance;
• Status as victim of domestic violence, sexual violence, or stalking; and lactation.

Businesses must engage in a cooperative dialogue with a patron applicant or employee who has requested an accommodation.

Applicants and Employees May Be Entitled to Alternative Actions Based on Body Size

An alternative action is a practicable measure which allows an individual to perform core job functions. What is practicable depends on the circumstances of a business, which can include the entity’s size, operations, and the timing of the request.  There are some limited circumstances when parameters related to body size may be permissible in the workplace.

Human Rights Law Enforcement:

         Public accommodations and employers in NYC must adhere to the Human Rights Law and the Commission’s rules and procedures. The Commission may initiate an investigation to ensure that employers are complying with the law.  Individuals can also report to the Commission if they believe they have experienced discrimination

         The Commission has the authority to order civil penalties of up to $250,000 in the case of a willful violation. The Commission can also assess emotional distress damages and other remedies to the some who experiences discrimination, and can require businesses to do training, update policies and procedures, and more.

How to Contact the NYC Commission on Human Rights:

    By phone: (212) 416-0197.

    Online: Anyone can report discrimination, leave an anonymous top, learn more about their Human Rights Law rights and responsibilities, or sign up for a free workshop at NYC.gov/HumanRights.

    Legal Notices, Fact Sheets, and FAQs on the City Human Rights Law are available in multiple languages on the Commission’s website: https://www.nyc.gov/site/cchr/media/materials.page

        See here for a fact sheet on the NYCHRL provisions that employers must comply with.

        See here for a fact sheet on the NYCHRL provisions that public accommodations must comply with.