Does the New York City Human Rights Law cover my employer?

Who does this apply to?

People who work in New York City. If you live and work elsewhere, you must show that the discrimination had an impact inside the City (Hoffman v Parade Publications, 15 N.Y.3d 285, 289–92 (2010)). See what if I live or work outside New York?

The rules

• Four or more. For most of the employment protections, an employer is covered if it had at least four persons in its employ throughout the period from twelve months before the discrimination began until it ended (Admin. Code § 8-102).
• Who counts. Independent contractors working in the business count, and so do the employer’s parent, spouse, domestic partner or child if they work there (§ 8-102).
• Gender-based harassment is covered at any employer, whatever its size (§ 8-102).
• Domestic workers are covered whatever the size of the household, with a few exceptions (§ 8-107(23)).
• Public employers are covered too, including the Transit Authority (Matter of Levy v City Commn. on Human Rights, 85 N.Y.2d 740, 744–46 (1995); Tang v New York City Tr. Auth., 55 A.D.3d 720, 720–21 (2d Dep’t 2008)). Punitive damages are not available against the City of New York itself (Krohn v New York City Police Dept., 2 N.Y.3d 329, 334–38 (2004)).
• For comparison: the State Human Rights Law covers every employer in the State (Exec. Law § 292(5)); Title VII and the ADA start at 15 employees (42 U.S.C. §§ 2000e(b), 12111(5)); the federal age law at 20 (29 U.S.C. § 630(b)).

What is unsettled?

The four-person minimum is written only for a list of provisions, including the main ban on discrimination. Retaliation, disability accommodation, the cooperative dialogue, credit history and salary history are not on that list. I searched for a decision on whether a smaller employer can be liable under those and found none; see the notes for lawyers.

What should I gather?

• A list of everyone who worked for the business during the period, including contractors and family members.
• Where you actually worked, and where the job was based.
• The employer’s exact legal name, from a pay stub or a 1099.