Ban on Caregiver Discrimination Under the NYCHRL
In the final days of 2015, New York City released a new rule designed to protect employees and others from facing discrimination based on their role as a caregiver. The ban was passed as an amendment to the New York City Human Rights Law (“NYCHRL”), and it bars discrimination against caregivers altogether. This means that employers cannot deny employment to or take an adverse action against job applicants or workers who serve as caregivers for a minor child or a recipient of care. This rule also provides protection against adverse actions based on an employer’s belief regarding whether an applicant or employee acts as a caregiver. At Phillips & Associates, our New York City disability discrimination lawyers have provided knowledgeable legal representation to many individuals who have been unfairly treated by their employers.Asserting Your Rights under the Human Rights Law
Lawmakers in New York City have passed a bill that provides protection against discrimination for caregivers. According to the NYCHRL, which already provides sweeping protections in many other areas for residents of the city, employers are prohibited from taking any adverse actions against an employee based on his or her status as a caregiver, even if the employer is unsure regarding whether the employee serves as a caregiver. These protections also apply to job applicants, meaning that an employer may not refuse to hire an otherwise qualified applicant based on a perceived or accurate belief that the applicant also serves as a caretaker.
According to the law, a caretaker is defined as “a person who provides direct and ongoing care for a minor child or a care recipient.” A person who receives care is defined as someone who suffers from a disability, who depends on the caregiver for medical aid or to satisfy his or her daily requirements for basic living, and who lives in the caregiver’s household or is the caregiver’s spouse, child, parent, sibling, grandparent, domestic partner, or another enumerated relation to the caregiver.
It can be difficult to determine whether your employer is discriminating against you based on your status as a caregiver, but there may be a few subtle ways to tell. If your employer denies your requests for time off or accommodations so that you can fulfill your caregiver duties, but approves time off for other employees regarding non-caregiver related activities, your employer may be engaging in discrimination. Also, any comments that your employer makes to you regarding your caregiver responsibilities may be probative in determining whether your employer is acting unfairly toward you.Consult a Disability Discrimination Lawyer in New York City
If you believe that you may have been wrongfully treated by an employer based on your status as a caregiver, you may be entitled to compensation. At Phillips & Associates, our New York City disability discrimination attorneys have helped many individuals bring claims against an employer or a prospective employer. We have served individuals throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Our wrongful termination lawyers offer a free consultation to victims of employment discrimination. Call us at 212-248-7431 or contact us online to set up your appointment.
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