NYS Adds Citizenship or Immigration Status as Protected Category under the NYS Human Rights Law

The New York State Human Rights Law has long prohibited employment discrimination against individuals on the basis of certain protected characteristics, including, among others, race, age, national origin, and disability. Effective December 23, 2022, the New York State Human Rights Law also prohibits discrimination in employment on the basis of citizenship or immigration status. The Law defines citizenship or immigration status as “the citizenship of any person or the immigration status of any person who is not a citizen of the United States.” This amendment brings New York State Law more in sync with Federal and Local law. The U.S. Immigration and Nationality Act prohibits discrimination on the basis of citizenship when making hiring and firing decisions, and the New York City Human Rights Law prohibits discrimination in employment on the basis of actual or perceived immigration or citizenship status.

The New York State Human Rights Law specifies that the addition of citizenship and immigration status as protected categories does not preclude the verification of citizenship or immigration status where required by law. The Law also clarifies that an employer who takes an adverse action due to an individual’s citizenship or immigration status is not in violation of the New York State Human Rights Law if the adverse action is required by law.  As such, employers are not prohibited from continuing to verify that employees are authorized to work in the United States pursuant to Federal Law.

Employers should update their Anti-Discrimination and Anti-Harassment policies to reflect that harassment and discrimination on the basis of citizenship or immigration status is prohibited and ensure that recruiters and managers are aware of this expansion to the law.

If you have any questions about updating your policies or complying with the law, please contact Amanda M. Baker at abaker@fglawllc.com, or any attorney at the firm.

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