The global coronavirus pandemic has hit New York City particularly hard. Many people have concerns not only about their own health, but the health of family members who require care. New York City employment discrimination laws protected workers with caregiver responsibilities before the coronavirus arrived. Quarantine and isolation have added a new dimension to the concept of a “caregiver.” Laws passed by the federal and state governments to address problems caused by the pandemic may offer additional protections against discrimination and retaliation based on an employee’s caregiving responsibilities.
What Is Caregiver Discrimination?
The New York City Human Rights Law (NYCHRL) prohibits discrimination by employers on the basis of “caregiver status.” It defines a “caregiver” as someone “who provides direct and ongoing care for a minor child or a care recipient.” The term “care recipient” can refer to anyone living in the caregiver’s home; or a “covered relative” like a parent, spouse, sibling, child, grandchild, or grandparent, whether or not they live with the caregiver. In either case, the care recipient must need the caregiver’s assistance with “medical care or to meet the needs of daily living.” Id.
The NYCHRL does not define the term “direct and ongoing care,” and it does not appear that any court has ruled on its specific meaning. A plain-language interpretation suggests that it means care that requires a substantial amount of the caregiver’s time and attention. This could therefore include:
– The caregiver’s minor child, who resides with the caregiver;
– The caregiver’s minor child who resides elsewhere, but needs regular care from the caregiver;
– A person who lives with the caregiver, regardless of whether they are related; or
– A relative who does not reside with the caregiver.