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.
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.
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