New York Human Rights Law: Coverage, Complaints, and Remedies

The New York Human Rights Law prohibits discrimination in employment, housing, public accommodations, and credit based on a long list of personal characteristics, and it applies to every employer in the state no matter how small. It is codified as Article 15 of the New York Executive Law and enforced by the New York State Division of Human Rights, though you can also take a claim directly to court. You have three years from the discriminatory act to file.¹

Who and What the Law Protects

For employment, Executive Law § 296 protects you from discrimination based on 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, and status as a victim of domestic violence.² That list is among the broadest in the country.

A few of the categories do more work than their names suggest. “Predisposing genetic characteristics” covers inherited genes or chromosomal traits linked to elevated disease risk, meaning an employer cannot hold your family medical history against you. “Disability” is defined to include any physical, mental, or medical impairment demonstrated by accepted clinical techniques, a record of such an impairment, or a condition others perceive as one. Pregnancy-related conditions, including lactation, are treated as temporary disabilities for accommodation purposes.³

The protected list shifts by context. Housing adds “lawful source of income,” so a landlord cannot turn you away because you pay with a voucher or public assistance. Public accommodations coverage tracks most of the employment categories but drops age and familial status.²

Employment: Every Employer, Every Stage

Federal anti-discrimination laws generally cover employers with 15 or more workers (20 for age claims). New York has no such floor. A two-person office is subject to the Human Rights Law, and so is every state and local government agency.² The protections run from the job listing through hiring, pay, promotion, and termination.

Employers must provide reasonable accommodations for known disabilities and pregnancy-related conditions, unless doing so would cause undue hardship. Separate provisions require accommodation of religious observance. An employer cannot force a pregnant employee onto leave if she can still perform her job in a reasonable manner.²

The Harassment Standard Is Lower Than Federal Law

Under Title VII, harassment generally must be “severe or pervasive” to be actionable. New York rejected that threshold in 2019. Harassment is unlawful whenever it subjects you to inferior terms, conditions, or privileges of employment because of a protected characteristic, whether or not a federal court would call it severe or pervasive.² You do not have to show that someone outside your protected group was treated better, and your failure to complain internally does not automatically let the employer off the hook.

The one defense the employer can raise is that the conduct amounted to nothing more than petty slights or trivial inconveniences, judged from the perspective of a reasonable person with the same protected characteristic.² That is a narrow opening.

Housing

Landlords, property managers, brokers, and anyone else involved in renting, leasing, or selling housing are covered. The law reaches advertising, applications, lease terms, access to amenities, and eviction. Lying about whether a unit is available in order to steer away certain applicants violates the statute, and so does publishing an ad that expresses a preference or limitation based on a protected trait.²

Lawful source of income is the housing-specific addition. A tenant who qualifies financially cannot be rejected because the rent is paid with vouchers or government assistance.

Assistance Animals

Under the federal Fair Housing Act and New York law, a tenant with a disability may ask to keep an assistance animal as a reasonable accommodation, even in a no-pets building. An assistance animal is not a pet; it works, provides assistance, or offers emotional support that alleviates effects of a disability. The housing provider must grant the request unless the specific animal poses a direct threat to health or safety, would cause significant property damage, or the accommodation would be an undue financial burden. Pet deposits and pet fees cannot be charged for an approved assistance animal.⁴

Public Accommodations and Credit

Any business that serves the public, restaurants, hotels, stores, theaters, gyms, is covered. These businesses cannot refuse service, provide inferior treatment, or post communications signaling that certain patrons are unwelcome. They must also make reasonable modifications to policies and remove architectural barriers so people with disabilities are not excluded, unless the change would fundamentally alter the business or impose an undue burden.²

Lenders, banks, and credit card companies cannot use protected characteristics to decide eligibility, set interest rates, or impose different terms. The rule covers mortgage lending, personal loans, and credit applications.²

Retaliation Is Separately Illegal

Reporting discrimination, supporting someone else’s claim, testifying in a proceeding, or asking for a reasonable accommodation are all protected activities under § 296(7). Punishing you for any of them is itself unlawful. Disclosing an employee’s personnel files in response to a complaint has been treated as retaliation.²

Retaliation protection runs across every context the law covers. A landlord who raises the rent or starts an eviction after a tenant files a housing complaint is retaliating. In practice, retaliation claims are often easier to prove than the underlying discrimination because the timing speaks for itself.

How It Fits with Federal and New York City Law

Federal statutes like Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act overlap with the state law. The biggest practical difference is coverage. Because federal employment statutes generally require 15 or more employees (20 for age), the state law may be your only route if your employer is smaller than that.

You do not have to file twice to protect both sets of rights. The EEOC and the New York Division of Human Rights share charges under a worksharing agreement, so a complaint filed with one is automatically dual-filed with the other.

New York City residents have a third layer. The New York City Human Rights Law is interpreted independently and more liberally than the state statute, so conduct that falls short under state or federal law can still be actionable in the city. One trade-off: you generally cannot pursue the same claims in court and at an administrative agency at the same time. If you file with the city commission or state Division, a separate court action on those claims is usually barred unless the agency dismisses or annuls your complaint.⁵

Filing a Complaint

You can file with the New York State Division of Human Rights through its online portal or by mailing a signed, verified written complaint to any regional office.⁶ If you file by mail, you need a notarization; the Division provides notarial service for free at its offices.

Before you file, pull together:

The full legal name and contact information of the person or business that discriminated against you.
Dates for each incident, so the Division can lay out a timeline.
A detailed account of what happened and which protected characteristic was involved.
Supporting documents and witness names: emails, texts, written policies, pay records, anything that corroborates what you describe.

You have three years from the discriminatory act to file.¹ That is far longer than the 180- or 300-day window for federal EEOC charges, but waiting still hurts: witnesses move, memories fade, and records vanish. If the Division finds probable cause after its investigation, the case moves to a hearing before an administrative law judge where both sides present evidence. If the complaint is dismissed for lack of probable cause, you may still be able to take the matter to court, depending on how it was dismissed.

What You Can Recover

If a respondent is found to have discriminated, the Division can order:

Compensatory damages for financial losses and emotional distress.
Back pay with interest and reinstatement in employment cases.⁷
Punitive damages, available in employment cases against private employers, and in housing cases capped at $10,000.¹
Civil penalties paid to the state of up to $50,000, or up to $100,000 if the conduct was willful, wanton, or malicious.¹
Orders requiring the respondent to change discriminatory practices going forward.

Attorney’s fees are available at the commissioner’s or a court’s discretion to a prevailing complainant. A respondent who wins can recover fees only by showing the complaint was frivolous.¹

The administrative route is real and enforceable, but it has ceilings. If you want a jury trial, uncapped punitive damages, or other remedies only a court can give, filing a lawsuit instead of an administrative complaint may be the stronger path. The choice involves trade-offs in cost, speed, and complexity, and it is worth talking through with an attorney before you commit.

1
New York State Senate. New York Executive Law 297 – Procedure
2
New York State Senate. New York Executive Law 296 – Unlawful Discriminatory Practices
3
New York State Senate. New York Executive Law 292 – Definitions
4
U.S. Department of Housing and Urban Development. Assistance Animals
5
City of New York. New York City Administrative Code Title 8 Chapter 5
6
New York State Division of Human Rights. Complaint Form
7
New York State Division of Human Rights. Division of Human Rights – Final Orders