An amendment to the New York City Human Rights Law (NYCHRL) introduced before the City Council this week would add current or prior service in the uniformed services as a protected class under the law. If approved by the Council, the bill would give veterans and active military personnel protection against discrimination in employment, as well as in public accommodations and housing.  The bill would also provide uniformed service members the ability to file claims under the NYCHRL.

Under the amendment, employers would be prohibited from discriminating against any person on the basis of his or her current or past uniformed service by:

  • representing that employment or a position is not available when it is in fact available;
  • refusing to hire or employ or barring or discharging such person; or
  • discriminating against such person in compensation or in the terms, conditions or privileges of employment.

Employment agencies and labor organizations would also be prohibited from discriminating against members of the uniformed service in advertising, recruiting or staffing available positions or with regard to union membership. The bill further states that it would not be an unlawful discriminatory practice to afford a preference or privilege based on uniformed service in employment, housing or public accommodation.

For purposes of the amendment, “uniformed services” includes current or prior service in: (i) the United States Army, Navy, Air Force, Marine Corps, Coast Guard, Army or Air National Guard, the National Oceanic and Atmospheric Administration (NOAA) Commissioned Corps, or the Commissioned Corps of the U.S. Public Health Service; (ii) any reserve component of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard; (iii) an organized militia of the state of New York; (iv) any other service designated as part of the uniformed services pursuant to the Uniformed Services Employment and Reemployment Act (USERRA); or (v) being listed on the state reserve list or the state retired list as set forth in the New York State Military Law or comparable status for any other state, territory or possession of the United States.

The bill follows legislation signed by Mayor Bill de Blasio in December 2015 creating the Department of Veterans’ Services, with the goal of providing veterans access to permanent housing, mental and physical health services, and expanded education and employment opportunities.

The amendment has been referred to the City Council’s Committee on Civil Rights for final consideration.

Posted in Discrimination, Harassment and Retaliation
Tags: discrimination, New and Proposed Laws and Legislation, new york city
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Photo of Evandro Gigante Evandro Gigante

Evandro is the go-to employment litigator and counselor when clients face their most challenging, bet the reputation claims, or want to develop policies and practices that mitigate legal risk. As an award-winning partner in the Labor & Employment Law Department, member of the…

Evandro is the go-to employment litigator and counselor when clients face their most challenging, bet the reputation claims, or want to develop policies and practices that mitigate legal risk. As an award-winning partner in the Labor & Employment Law Department, member of the Employment Litigation group, and co-head of the Counseling, Training & Pay Equity group, he represents clients on a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. In addition, Evandro handles restrictive covenant matters, including non-compete, non-solicitation and trade secret disputes. Evandro also counsels employers through the most sensitive employment issues, including matters involving employer diversity, equity and inclusion initiatives.

With a focus on discrimination and harassment claims, Evandro has extensive experience defending clients before federal and state courts. He tries cases before juries and arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions. Evandro often draws on his extensive litigation experience to help clients avoid the courtroom by effectuating positive change in the workplace through impactful anti-discrimination and harassment training, as well as robust employment policies.

Working in a wide range of industries, Evandro has experience representing clients in professional services, including law firms, financial services, including private equity and hedge funds, higher education, sports, media, retail, and others. Evandro also advises charter schools and other not-for-profit organizations on labor and employment matters on a pro bono basis.

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Photo of Laura Fant Laura Fant

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns…

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment . She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.

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