New York City sex discrimination attorneys probably have more tools available to help their clients than lawyers in other American cities. The New York City Human Rights Law (NYCHRL) prohibits workplace discrimination based on an extensive list of factors. State law in New York comes close to providing the extent of protection offered by city law. Both city and state law are far ahead of federal law. A 2016 amendment to the NYCHRL added “caregiver status” to the list of protected categories. See N.Y.C. Admin. Code § 8-107(1)(a). This applies to workers who, in addition to their job duties, must provide ongoing care for certain individuals. Federal law does not expressly protect caregiver status, but a 2004 decision by the Second Circuit Court of Appeals in New York shows how the prohibition on sex discrimination could cover certain forms of caregiver status.
Caregiver Discrimination in New York City
The NYCHRL defines “caregiver” as someone “who provides direct and ongoing care for a minor child or a care recipient.” Id. at § 8-102. The statute goes on to define “care recipient” using additional terms that require definitions. We will focus here on the law’s applicability to people with caregiving responsibilities for minor children. The fact that New York City’s caregiver discrimination broadly applies to parents sometimes gets overlooked.
Sex Stereotyping under Title VII
Title VII of the Civil Rights Act of 1964 bars employers from discriminating on the basis of sex, but aside from “pregnancy, childbirth, or related medical conditions,” it does not define the term “sex.” 42 U.S.C. §§ 2000e(k), 2000e-2(a). The U.S. Supreme Court has offered further definitions of sex discrimination under Title VII, including various forms of sexual harassment.