The City of New York’s Human Rights Law, commonly referred to as the NYCHRL, is a comprehensive document that prevents discrimination based on a number of classifications, ranging from age to gender and more. In December of 2015, the New York City Council passed a bill decided to add ‘caregiver status’ to the list, creating protections for those who are, or who are perceived to be, caregivers.
NYCHRL – What’s On the List and What Does it Mean?
The list of protected classifications found on the NYCHRL simply means that an employer cannot discriminate against an employee based on any of the classifications listed. Prior to the addition of caregiver status, the list contained the following:
- Partnership Status
- Marital Status
- Citizenship Status
- Sexual Orientation
- National Origin
The addition of caregiver status is an important one, protecting those who provide care to others from being discriminated against when it comes to paying, being hired, the number of hours worked or opportunities, etc.
For example, consider a situation in which a husband cares for his ailing wife, who is suffering from a terminal condition. The employer, who knows of the husband’s situation, cannot refrain from hiring the husband or considering the husband’s caregiver status in any decision making. The law will protect family members, spouses, and all persons who care for others from being discriminated against.
Defining the Term “Caregiver”
Defining the term “caregiver” is an important part of ensuring that caregivers are protected from discrimination under the new law. According to the National Law Review, a caregiver is a person who provides care on an ongoing basis for a care recipient or a child. Further, the term “care recipient” is defined, and refers to a person who is a relative (child, domestic partner, spouse, grandchild, grandparent, sibling, or the family or the child of the caregiver’s domestic partner or spouse) or a person who lives in the same household as the caregiver.
Protecting Caregivers in New York – Contact a New York Employment Lawyer Now
The legislation should be seen as a big win not just for those who provide care to others within the city, but also for human rights in general. Discrimination in the workplace is inappropriate, unethical, and most of the time, illegal. If you are a caregiver and your right to be protected from employment-based discrimination has been breached, our experienced New York employment attorneys want to meet with you. We can help you to bring attention to the matter, file a complaint, and file a civil lawsuit if necessary. We will advocate for you every step of the way and advise you regarding your options.
To learn more, please contact us today for your free case consultation. Fill out our online form or call (347)-464-8694 and one of our competent New York Employment lawyers will contact you shortly.