In 2019, the state legislature amended the New York State Human Rights Law to make it more worker-friendly. As the Appellate Division court clarified in a 2025 pregnancy discrimination case, that 2019 amendment means “the NYSHRL now aligns with the standards of” the NYCHRL. In other words, demonstrating a viable claim of workplace discrimination (and defeating an employer’s motion to dismiss or motion for summary judgment) simply requires proving that discriminatory motives played some role in the employer’s action. If you have encountered employment discrimination in New York State, you have stronger tools than ever at your disposal. To begin the process of seeking justice, talk to a knowledgeable New York employment discrimination lawyer.
The worker in that recent pregnancy discrimination lawsuit, A.W., started her phlebotomist job at a White Plains hospital in the summer of 2018. (Phlebotomists, for those unfamiliar with the term, are the medical professionals who draw your blood for testing or other purposes.)
The phlebotomist position included a six-month probationary period. (Probationary periods are periods at the start of new employment when an employer assesses a worker to determine if she will succeed in the role.) Roughly five months into A.W.’s tenure, the hospital fired her. The phlebotomist sued, alleging that the hospital terminated her employment not for legitimate reasons but because she was pregnant.
The Appellate Division’s opinion in the phlebotomist’s case is noteworthy for its benefit to future workers who will need to seek justice using the NYSHRL. Until 2019, the NYCHRL’s standard for establishing illegal employment discrimination was the same as the threshold the federal law (Title VII of the Civil Rights Act) erected. Specifically, the Title VII hurdle requires workers to satisfy a multi-part test that includes showing that they were members of a protected class, were qualified for the job they held, experienced an adverse employment action, that similarly situated coworkers outside their protected class received more favorable treatment, and that the employer’s stated reason for its adverse action really was a pretext for discrimination.
Discrimination May Play ‘No Role’
That can be a challenging threshold for some workers. By contrast, the New York City Human Rights Law says discriminatory motivations may play “no role” in the adverse action. If an improper motive was a driving force to any degree (even if other, legitimate factors were greater influences), the employee may maintain her discrimination action under the NYCHRL.
This NYCHRL standard, now also the NYSHRL threshold, is considered one of the most robust for workers anywhere. The phlebotomist’s case tells readers that workers throughout New York State, not just those living or working in New York City, may now avail themselves of that standard. If you live and work in Westchester, Rockland, Nassau, Suffolk, or other areas around the state and have endured workplace discrimination, the law has powerful tools that may help you.
When legal action is needed, look to the diligent and experienced team of New York City employment discrimination attorneys at Phillips & Associates PLLC. We understand that workplace discrimination and harassment have seriously damaging impacts on those who face it, and we are dedicated to helping those workers get justice for the harm this illegal conduct has caused them. To learn more about how we can help you, contact us online or at (866) 229-9441 to set up a free and confidential consultation today.