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State of New York and New York City add protections for domestic workers

03/03/22

Author: ADP Admin/Monday, February 28, 2022/Categories: Compliance Corner , State Compliance Update, New York

New York state and New York City have amended their Human Rights laws to add employment protections for domestic workers. The state’s protections went into effect on December 31, 2021, and the City’s protections will take effect on March 12, 2022.

The Details:

Domestic workers are those employed at homes or residence as housekeepers, home healthcare aides, nannies or similar roles.

New York State:

Background:

The New York State Human Rights Law  (NYSHRL) protects employees from discrimination on the basis of age, race, religion, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, among other protected characteristics.

Under state law, a person doesn’t need to live with an employer to be a domestic worker, but they are not considered a domestic worker under law if they’re employed by their parents, spouse, or a child.

Senate Bill S5064:

New York has enacted legislation (Senate Bill S5064), which amends the NYSHRL to add domestic workers to the definition of “employees” and grants domestic workers the protections afforded to employees under the law. It also prohibits employers from retaliating against a domestic worker for opposing any unlawful practices under the law or because the worker has filed a complaint. Senate Bill S5064 took effect December 31, 2021.

Note: The New York Division of Human Rights has released additional guidance for employers on the new protections under the NYSHRL.

New York City:

Background:

The New York City Human Rights Law (NYCHRL) provides employment protections against discrimination, harassment, and retaliation to domestic workers, including entitlements to certain reasonable accommodations under the law.

Int. No. 339-B:

New York City has enacted legislation (Int. No. 339-B), which will extend the law to require all employers with one or more domestic workers to provide nondiscrimination protections, beginning March 12, 2022. The NYCHRL also prohibits sexual harassment from employers, family members and others in a household.

The NYC Commission on Human Rights has released FAQs on topics such as hiring, workplace conduct, nondiscrimination, background and reference checks, termination, and non-retaliation measures for domestic employment. The protections cover most full-time and part-time workers.

Under the guidance, employers cannot take the following actions towards domestic workers:

  • Discriminate on the basis of race, national origin, sex, religion, age, perceived immigration status, or other protected characteristic;
  • Inquire about salary history or credit history while hiring. However, employers may check an applicant’s employment references, education history, and criminal convictions;
  • Provide a bad reference (or no) reference to retaliate against a domestic worker that engages in protected activity. However, they may provide negative references, provided they are truthful;
  • Retaliate because a domestic worker raised a complaint of discrimination; or
  • Use language in job ads that limit the employment of a domestic worker of a certain race, gender, national origin, religion, or other protected class. However, employers may seek specific job skills.

 

Next Steps:

Employers in New York state and New York City should review their policies, procedures, and training to ensure compliance with the law. While New York state protections are already in effect, New York City’s protections take effect March 12, 2022.

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