Discrimination At Work
Exec. Law § 296 — hiring, firing, pay and the terms of a job may not turn on a protected characteristic
The protected characteristics. An employer may not refuse to hire, fire, or discriminate in pay or in the terms, conditions or privileges of a job because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence.
Employment agencies and labor organizations are bound the same way. A job advertisement, application form or pre employment question may not express a limitation based on those characteristics unless it rests on a bona fide occupational qualification.
Harassment, severe or not. Harassment because of a protected characteristic, or because a person opposed discrimination or took part in a complaint, is unlawful when it subjects the person to inferior terms, conditions or privileges of employment, regardless of whether it would be considered severe or pervasive. That the person did not complain to the employer does not decide whether the employer is liable.
Reasonable accommodation. Refusing reasonable accommodation of the known disability or pregnancy related condition of an employee or applicant is an unlawful discriminatory practice.
Retaliating against anyone for opposing a practice the article forbids, for filing a complaint, testifying or assisting in a proceeding, or for requesting a reasonable accommodation is itself unlawful.
Sources for this section (1)
- Exec. Law § 296 — Unlawful discriminatory practices
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.