Caregivers in the city of New York will soon be protected employees under the New York City Human Rights Law. Starting May 4, 2016, employees with four or more employees are prohibited to discriminate based on an individual’s actual or perceived status as a caregiver. Employers cannot refuse to hire, reject, exclude, terminate, demote, refuse to promote because an individual is a caregiver. In the text of the law, “caregiver” is defined as a person who provides direct and ongoing care for a minor child or a care recipient. “Care recipient” is defined as a person with a disability who: (i) is a covered relative, or a person who resides in the caregiver’s household; and (ii) relies on the caregiver for medical care or to meet the needs of daily living.
The amendments to the New York Human Rights Law also make it clear that it is unlawful for an employer, labor organization or employment agency to print or circulate any statement, advertisement or publication, or to use an application, make any inquiry in connection with employment that expresses any limitation or discriminate based on caregiver status. New York City employers should review their employment policies to ensure they comply with the new amendments that will go into effect in a few weeks.