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New York City Counsel Addresses Discrimination Against Caregivers

Caregiver status can no longer be considered by employers

Men and women with loved ones requiring extensive medical care face many challenges on a daily basis. Balancing the need to provide care for a loved one and to earn a living can be troubling in the best of times. When employers balk at hiring or promoting caregivers, the struggle can become even greater.

Fortunately, the New York City Counsel took action in late 2015 to support caregivers during their search for viable employment and a rewarding career. On December, 16th, 2015, the New York City Counsel amended the New York City Human Rights Law to include caregiver as a protected class. The act prohibits employers from denying employment or promotion, terminating employment or limiting benefits to any individual who qualifies as a caregiver.

Further defining the term “caregiver”

In addition to adding caregivers to the list of protected classes, the amendment also further defines those who qualify for the protection. Under the new law, the term caregiver applies to any individual who “provides direct and ongoing care for a minor child or a care recipient.”

Under the amendment, a care recipient can be any individual living in the caregiver’s household that requires daily medical care or supportive care to meet the needs of daily life.

  • Care recipients can include:

  • Spouses

  • Domestic partners

  • Children

  • Parents

  • In-laws

  • Siblings

  • Grandparents

To qualify for protection under the class of caregiver, the individual must simply demonstrate that he or she is responsible for the medical support of another individual in the household or in close relationship.

What protections do caregivers enjoy with the amendment?

The amendment to the New York City Human Rights Laws protects caregivers against a wide range of mistreatment in the workplace, including against:

Harassment: Ridiculing or harassing an individual based on a protected class factor is illegal. As a newly protected class, caregivers are not protected against workplace harassment and have legal options to end harassment forever.

Discrimination: Denying a candidate employment, terminating an employee or providing unequal pay based on any protected class is illegal. Unfortunately, far too many employers participate in workplace discrimination in New York each year. With the addition of caregivers to the protected class list, individuals who support loved ones no longer need fear such mistreatment.

The change to the law offers caregivers the same protections extended to other protected classes, including classes based on age, race, sex, religion, national origin, disability, pregnancy and more.

Schedule a free consultation to discuss your discrimination or harassment concerns with a New York employment law attorney

Taking action against workplace discrimination and harassment is vital to the long-term success of your career. At Hepworth, Gershbaum & Roth, PLLC, our New York employment lawyers are committed to protecting caregivers and all protected classes against mistreatment in the workplace. Our extensive experience and knowledge of state and federal labor laws allows us to help you address even the most challenging and frustrating cases. To schedule a free initial consultation to discuss your case with one of our New York employment law attorneys, contact us online or call 212-545-1199 today.




Contact an employment law attorney in New York today for a free initial consultation and determine whether you have a case. For a free initial consultation, you can contact us online or by phone.

CALL US TODAY! 212-545-1199