Discrimination-free Workplace
The New York City Commission on Human Rights and the Anti-Discrimination Law protect workers, independent contractors, interns and job applicants from discrimination.
Employers, employees, or agents cannot discriminate against a worker or job applicant. To “discriminate” against a worker means to treat them less favorably because the worker is perceived to be in one of the protected classes listed below:
- age
- race
- creed
- color
- national origin
- gender
- disability
- marital status
- partnership status
- caregiver status
- sexual and reproductive health decisions
- sexual orientation
- uninformed service
- height
- weight
- immigration or citizenship status of any person
- criminal conviction history
- credit history
Further, in New York City it is in many cases illegal for employers to discriminate based on conviction history. That is, most employers must not ask about a job applicant’s criminal record before a job offer. See the New York City Commission on Human Rights website for more information: fair-chance-law (nyc.gov).
Right to a Reasonable Accommodation
Employers in New York City must provide reasonable accommodations in the workplace based on:
- disability (physical or mental)
- pregnancy, childbirth, breastfeeding
- religious observance
- status as victim of domestic violence (including economic abuse), sexual violence, or stalking
Reasonable accommodations can include a change to a work schedule, duties, and/or equipment.
What can I do if I believe my employer is discriminating against me?
You should contact the New York City Commission on Human Rights. You can send your inquiry to via their online form: Report Discrimination – CCHR (nyc.gov) or call 212-416-0197 or 311.
Equal Pay
In all of New York State, since 2019 the law on equal pay prohibits employers from discriminating and offering unequal pay to workers on the basis of the protected classes listed above. Thus, you have the right to equal pay for equal work and to discuss your pay with your coworkers.
You can contact the New York State Department of Labor at: 518-457-3863 and fill out their pay equity complaint form using this link: ls608.2pay_equity_complaint_form.pdf (ny.gov). You can also contact the New York State Attorney General by phone at 212-416-9700. Visit the New York State Attorney General’s website for more information on equal pay Equal pay | New York State Attorney General (ny.gov).
Pay Transparency
Employers who have four or more employees or employers who have hired one or more domestic worker in New York City must publish the salary range they will pay for a job they’re hiring for.
Any advertisement for a job, promotion, or transfer opportunity that would be performed in New York City is covered by this law. Employers must state the minimum and maximum salary they, in good faith, believe they are willing to pay for the advertised job, promotion, or transfer opportunity.
If you are a job applicant or worker and believe that an employer is not being transparent about salary, you can contact the New York City Commission on Human Rights by calling at (212) 416-0197, calling 311 and saying, “Salary Transparency,” or by filing a complaint online using this link: Report Discrimination – CCHR (nyc.gov).
A related state law is enforced by the New York State Department of Labor. If you have questions regarding Pay Transparency, call 888-469-7365 or email regulations@labor.ny.gov.
If your rights to pay transparency are being violated, you can file a complaint with the Division of Labor Standards of the New York State Department of Labor by phone 1-888-52-LABOR or by email at LSAsk@labor.ny.gov.
Workers may file complaints with either the state or the city agency, but not both. Workers are encouraged to ask questions about how to file a complaint and which agency is best suited to handle their complaint by contacting either the New York City Commission on Human Rights or the New York State Department of Labor.
Salary History Ban
It is illegal for public and private employers of any size in New York City to ask about an applicant’s salary history during the hiring process, including in advertisements for positions, on applications, or in interviews. Employers and job applicants must engage in salary negotiations focused on the applicant’s qualifications and requirements for the job to set a salary.
If you experience salary discrimination, contact the New York City Commission on Human Rights at (212) 416-0197. You can also call 311 (say discrimination) or fill out the New York City Commission on Human Rights online form: Report Discrimination – CCHR (nyc.gov).
Current and prospective employers are not allowed to ask prospective job applicants or current employees about their benefits and salary history. If you believe that your prospective or current employer is not abiding by these rules, you can call 888-469-7365 and request information on how to file a complaint with the New York State Division of Labor Standards: Salary History/Pay Equity | Department of Labor (ny.gov).
Trafficking
Forced labor is a serious crime. It is a form of modern-day slavery. When experiencing forced labor, victims work against their will because of force, fraud, or coercion.
- Contact the National Human Trafficking Hotline if you or someone you know is being subjected to forced labor: 888-373-7888 (24 hours, 7 days a week)
- You can also contact the New York State Department of Labor Division of Immigrant Policies and Affairs: 877-466-9757 (Monday to Friday, 9 a.m. to 5 p.m.)
- You can also contact the Mayor’s Office of Immigrant Affairs Immigration Legal Support Hotline: 800-354-0365 (Monday to Friday, 9 a.m. to 6 p.m.)
- Immigrant workers who experience forced labor may be able to access immigration relief via T visa. We advise to seek legal guidance with an immigration attorney to see if you qualify and take the necessary steps to access this immigration relief.