New York Expands Discrimination Protection

In October 2015, the state of New York reshaped its employment law framework by dramatically expanding discrimination protections for workers and job applicants. The legislative package, signed by Governor Andrew Cuomo, strengthened employer obligations under key sections of the state’s New York State Human Rights Law.

These changes were widely seen as response to evolving workforce needs, demographic shifts, caregiver responsibility growth, and rising workplace discrimination claims nationwide.

New York Key Bills That Increased Worker Protections

The new legislation targeted enforcement gaps, ambiguous legal language, and accommodation loopholes affecting smaller workplaces. Here are five of most notable updates:

1. Sexual Harassment Protections Now Cover All Employers

Previously, companies with fewer than 4 employees were exempt under the human rights statute. Now, all employers in New York are covered in sexual harassment cases, regardless of workforce size. This means:

• No more minimum-employee exemptions for harassment claims
• Protection applies to interns, contractors, hourly staff, and small-business workers
• Covers hostile environment and retaliation cases when harassment reported

2. Pay Equity Law Strengthened With Clearer Language

The equal pay statute was updated to correct a long-debated phrase: “any factor other than sex.” The new law now requires “a bona fide factor other than sex” such as:

• Education, verified training, or industry certification
• Demonstrated experience in similar job duties
• Licensed or accredited role-specific skill requirements

This change makes pay decisions more defensible while preventing vague salary exceptions.

3. Familial Status Becomes a Protected Category

For first time, familial status joins protected categories under New York’s Human Rights Law. This covers discrimination tied to:

• Being parent or primary caregiver
• Supporting dependent family members
• Denial of opportunity due to household responsibility assumptions

This reform aligned statute more closely with modern workforce households.

4. Legal Remedies Expanded But Only for Sex-Based Discrimination

Under new rules, attorney’s fees may now be awarded as damages in sex-based discrimination cases only. In other forms of discrimination, fee awards are still not permitted. This means:

• Higher chance of obtaining counsel for gender discrimination cases
• Stronger deterrent for pay and hiring bias by employers
• More complete remedies for victims with imbalance bargaining power

5. Pregnancy Discrimination Must Be Treated as Temporary Disability

Employers are now required to provide reasonable accommodations for pregnancy-related conditions — as long as worker can perform job duties in “reasonable manner.” Covered accommodations include:

• Temporary removal from hazardous work
• Modified manual labor duty requirements
• Rest breaks when medically justified
• Workstation or schedule adjustments

Employees must verify condition with documentation. Once notice provided, employers must begin interactive accommodation discussions or risk liability.

Challenges Employers Now Face

Even companies with structured HR analytics may struggle applying inferences fairly. Courts now favor job-duty based analysis, documented reasoning, and transparent compensation benchmarking. Companies failing update policies may face claims tied to:

• Hiring bias
• Pay inequity
• Retaliation after internal reports
• Disparate impact from automated screening criteria

For questions or concerns about this new legislation, contact our office to speak with an attorney.