Employees in New York City are protected from unlawful discrimination in the workplace by laws at the local, state, and federal level. The city’s anti discrimination statute is one of the most comprehensive and expansive in the nation, but New York City discrimination attorneys must carefully evaluate each case of alleged discrimination to determine which law best applies. In order to understand what laws protect employees against discrimination in New York City, it is important to understand how these laws apply their protections.
Protected Categories in Anti Discrimination Law
In one sense, employers discriminate all the time, meaning that they make decisions that affect some employees differently than others. Discrimination on the basis of factors like job performance, seniority, or experience is not considered unlawful. When an employer discriminates on the basis of a factor like race, sex, or religion, that is a different story.
Anti discrimination laws identify categories that are protected against employment discrimination. Court decisions may interpret these laws to provide further detail about prohibited workplace practices. The U.S. Supreme Court, for example, ruled more than thirty years ago that the prohibition on sex discrimination found in federal law applies to sexual harassment in the workplace. Some federal courts have held that sex discrimination also includes discrimination on the basis of sexual orientation or gender identity. Other courts have reached opposite conclusions.