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February 5, 2016

New York City Human Rights Law Expanded To Prohibit Employment Discrimination On The Basis Of "Caregiver" Status

In January 2016, New York City’s Mayor de Blasio signed a bill expanding the non-discrimination provisions of the New York City Human Rights Law (“NYCHRL”) to cover “caregivers.”  The NYCHRL already prohibits discrimination in employment on the basis of an individual’s actual or perceived age, race, creed, color, partnership status, sexual orientation and other protected classes.  The NYCHRL will now allow employees and applicants for employment to make claims for employment discrimination on the basis of their “actual or perceived” status as a “caregiver.”

The term “caregiver” is defined under the statute as “a person who provides direct and ongoing are for a minor child or care recipient.”  The term “care recipient” is defined as “a person with a disability who: (i) is a covered relative, or a person who resides in the caregiver’s household; and (ii) relies on the caregiver for medical care or to meet the needs of daily living.”  “Covered relative” is defined broadly to mean “a caregiver’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent, or the child or parent of the caregiver’s spouse or domestic partner, or any other individual in a familial relationship with the caregiver as designated by the rules of the Commission.”

The “caregiver” amendment goes into effect on May 4, 2016.

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