Discrimination Law & You

The Division of Human Rights enforces New York State's anti-discrimination law, called the Human Rights Law.  The Law protects against discrimination based on specific characteristics as follows:
 

• Age - Persons who are 18 years of age or older are protected against age discrimination in employment.  Age discrimination is also prohibited in housing, education, and credit.  The Law does not prohibit age discrimination in the area of public accommodations, and has certain exemptions with respect to age restricted housing. 
   
• Arrest Record - Individuals are protected against discrimination in employment, housing, volunteer positions, licensing, credit or insurance based on an arrest record resolved in their favor or adjourned in contemplation of dismissal (ACOD), a youthful offender record, or a sealed conviction record.
   
• Citizenship or Immigration Status - The Law protects against discrimination based on the citizenship of any person or the immigration status of any person who is not a citizen of the United States.  The Law does not prohibit actions on this basis where required by law.
   
• Conviction Record - Persons with a conviction record are protected against discrimination in employment.  Please note that individuals may only file DHR complaint of conviction record discrimination against private employers. Against public employers, an individual must file directly in state court.
   
• Creed / Religion - The Law protects against discrimination based on religious membership, belief, practice, or observance.  This includes reasonable accommodation of sabbath or holy day observance, or wearing of attire, clothing or facial hair, or other practice in accordance with a religion; or discrimination because an individual does not have a religious belief.
   
• Disability - Persons with disabilities are protected against discrimination in all areas of the Law except volunteer firefighting.  The definition of disability under the Law is broad. There are no qualifiers as to the severity of the disability.  The Law also requires reasonable accommodation for persons with disabilities. Also protected are persons with a history of a disability or who are perceived to be disabled.
   
• Victim of Domestic Violence - Any person who is a victim of domestic violence, or the parent of a child who is a victim of domestic violence, is protected from discrimination.  The Law also requires employer to provide reasonable accommodation in the form of leave time needed because of the domestic violence including medical, psychological, legal or other services, or for safety.
   
• Familial Status - The Law prohibits discrimination against people who are pregnant, have a child, or are in the process of obtaining custody of a child, or have a child or children under age 18 in their household.
   
• Gender Identity or Expression - The Law prohibits discrimination based on actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender; complaints involving the need for accommodation of gender dysphoria or other related medical condition can also be filed under disability.
   
• Lawful Source of Income - In the area of housing, it against the Law to discriminate based on an individual's lawful source of income.  This includes, but is not limited to, child support, alimony, foster care subsidies, social security benefits, or any type of public assistance or housing assistance, including Section 8 and other housing vouchers.
   
• Marital Status - Individuals are protected against discrimination based upon their status of being single, married, separated, divorced, or widowed.
   
• Military Status - United States military servicemembers, including individuals in military reserves, are protected against discrimination as are veterans of the United State military.
   
• National Origin - Individuals are protected against discrimination based on the country of their birth, or the country where their ancestors were born. The Law also protects against discrimination based on ethnicity.
   
• Predisposing Genetic Characteristics - The Law prohibits employers from discriminating against an individual based on information from a genetic test.
   
• Pregnancy-Related Condition - The Law protects individuals from discrimination based on a medical condition related to pregnancy or childbirth, including lactation, or denial of reasonable accommodation of such condition.
   
• Race/Color - Individuals are protected against discrimination because they are Asian, Black, Hispanic, White, etc.  The Law also protects against discrimination based on ethnicity, and traits historically associated with race such as hair texture or hairstyle.
   
• Sex - The Law prohibits discrimination based on gender, which includes sexual stereotyping, sexual harassment, and pregnancy discrimination.
   
• Sexual Orientation - Individuals are protected against discrimination based on their actual or perceived heterosexuality, homosexuality, bisexuality, or asexuality.
   
• Retaliation - The Law protects individuals from retaliation if they have filed a discrimination case before, were a witness or helped someone else with a discrimination case, or opposed or reported discrimination due to a category listed on this page.

The Division investigates complaints only if the discrimination is based on one or more of the above reasons, or if the discrimination is based on relationship or association with members of any of the protected categories listed above.

The Division cannot investigate unfair treatment that does not involve one of these reasons. If you do not see anything in this list that applies to your situation, please contact the Division of Human Rights to speak to a staff member.

Students and applicants of all ages are protected against discrimination at public and private, nonreligious schools and colleges.

Covered educational institutions include:

• Public school districts (pre-kindergarten through high school, and continuing education)
• Charter schools
• Boards of Cooperative Educational Services (BOCES)
• Public colleges and universities
• Universal Pre-K, Head Start or other publicly funded pre-kindergarten programs
• Private schools at all education levels (excluding those which are by a religious organization)
• For-profit non-sectarian colleges, universities, licensed career schools, or certified English as a second language schools

Private nursery schools, early education centers, preschools and child-care centers (including those run by religious organizations) may be covered under the public accommodation provisions of the Human Rights Law.  Some for-profit schools may also be covered by the public accommodation provisions of the Law.

For more information, download the Division's brochure on the rights of students at educational institutions.