New York City’s employment antidiscrimination statute provides protection for workers who are responsible, outside of work, for providing care to certain individuals. The New York City Human Rights Law (NYCHRL) prohibits discrimination by employers on the basis of caregiver status, as well as retaliation for reporting an alleged violation or opposing an allegedly unlawful practice. These provisions protect caregivers from losing their jobs in many situations, but they do not necessarily facilitate caregivers having time off from work to meet their responsibilities. A new law, enacted by the New York City Council in January 2018, allows caregivers to make “temporary changes” to their work schedules in certain situations. The law takes effect in mid-July 2018.
The NYCHRL is one the few laws in the country to provide express protections based on caregiver status. It defines a “caregiver” as someone “who provides direct and ongoing care for a minor child or a care recipient.” N.Y.C. Admin. Code § 8-102(30)(a). A “care recipient” is (1) a close relative—e.g. a child, spouse parent, grandparent, etc.—or an individual who lives with the caregiver, who (2) needs the caregiver’s assistance “for medical care or to meet the needs of daily living.” Id. at § 8-102(30)(b). “Caregiver status” is a protected category under the NYCHRL, along with categories like age, race, gender, or sexual orientation. Id. at § 8-107(1)(a). Employers may not terminate or refuse to hire a person solely because of caregiver duties, nor may they discriminate with regard to wages, job responsibilities, or other features of employment.
The new law, Int. 1399-2016, defines “caregiver” much the same as the NYCHRL. The law applies to people who are responsible for providing care to a minor child, or to an adult who either resides with the caregiver or is a family member, and who relies on the care that they provide to meet their medical needs or the needs of daily life. See N.Y.C. Admin. Code § 20-1261.