LIEB BLOG

Legal Analysts

Showing posts with label nyc human rights law. Show all posts
Showing posts with label nyc human rights law. Show all posts

Monday, March 25, 2024

A Win for Fairness: NYS Court Expands Discrimination Protections for Nonresidents Seeking Jobs

On March 14, 2024, New York State's Court of Appeals rendered its decision on Syeed v. Bloomberg L.P., which holds that New York City and New York State Human Rights Laws apply to nonresidents who are not yet even employed by a company in the city or state, but who are proactively seeking an actual city or state based job opportunity. 


This decision expands the protections of NY's / NYC's discrimination laws to include individuals who were denied employment based on discrimination even if said individuals were not yet residents or employees in New York State or City.


If you'd like to read the case and learn more about the court's decision, click here





Thursday, October 26, 2023

NYS Amended the Education Law to Prohibit Corporal Punishment in Private Schools

On October 25th, 2023 Governor Hochul signed A05010 to amend New York State's education law to prohibit religious private school and non-religious private schools from using corporal punishment on students. This amendments is effective as of October 25th, 2023. 


The bill discusses how every two years, the US Department of Education asks every public school in the country to report on the number of students it has physically punished during the previous year. In an analysis of that data it was revealed that males, young persons of color and students diagnosed with a disability are significantly more likely to be the victims of this abuse by their teachers and school administrators.


If you are  male, person of color, or have been diagnosed with a disability and received corporal punishment at a private school in New York within the last year, you may have a claim for discrimination under New York City Human Rights Law ("NYS Human Rights Law").  


If you are a maleperson of color, or have been diagnosed with a disability and received corporal punishment at a private school in New York not within a year you may still have a national claim. 


For males who were enrolled in a religious private school in the last 3 years you may be able to submit gender discrimination claim under Title VI claim. However, Title VI does not include emotional distress damages.  


For persons of color who were enrolled in a private school in the last 4 years you may be able to bring a disparate treatment case, under 1981 and get emotional distress damages. You may also be able to submit a Title VI claim but this won't include emotional distress damages. 


For persons with a diagnosed disability who were enrolled in a private school in the last 3 years you may be able to bring a claim under the Americans with Disability Act and are not limited to non-emotional distress damages. 


If you are not a New York resident you still may have a national claim under Title VI, 1981, and/or Americans with Disability Act. Check your state's local laws to see if you potentially have a claim under state law. 


To read more about this amendment to the education law click here
















Wednesday, August 18, 2021

Housing Discrimination - Updated Protected Classes List - As Applicable to Downstate New York

We are always updating our CE courses at Lieb School because the law is constantly changing. 


While the law changes on every topic, there is no field that seems to be evolving today more than anti-discrimination law. So, we thought it important to share our updated definitive lists of protected classes within downstate New York for Fair Housing and Discrimination Law.


Note - While these lists are similar for employment discrimination law, there are minor differences in protections between the two fields and you should consult with an attorney should you have any questions.


Fair Housing Act:

  1. Race
  2. Color
  3. National origin
  4. Religion
  5. Sex
  6. Familial status
  7. Handicap

New York State Human Rights Law
  1. Race
  2. Creed
  3. Color
  4. National origin
  5. Sexual orientation
  6. Gender identity or expression (transgender)
  7. Military status
  8. Sex
  9. Age
  10. Disability
  11. Marital status
  12. Lawful source of income
  13. Familial status
  14. Arrest / sealed conviction record
  15. Domestic violence victim status (lease / occupancy only)

New York City Human Rights Law
  1. Race
  2. Creed 
  3. Color 
  4. National origin 
  5. Gender 
  6. Age 
  7. Disability 
  8. Sexual orientation 
  9. Uniformed service
  10. Marital status 
  11. Partnership status 
  12. Immigration or citizenship status
  13. Lawful source of income 
  14. Presence of children 
  15. Occupation
  16. Victim of domestic violence, stalking or sex offenses

Westchester Fair Housing Law:
  1. Race
  2. Color
  3. Religion
  4. Age
  5. National origin
  6. Alienage or citizenship status
  7. Ethnicity
  8. Familial status
  9. Creed
  10. Gender
  11. Sexual orientation
  12. Marital status 
  13. Disability 
  14. Source of income
  15. Status as victim of domestic violence, sexual abuse, or stalking

Nassau County Fair Housing (Open Housing)
  1. Race
  2. Creed
  3. Color
  4. Gender
  5. Disability
  6. Age 
  7. Religion
  8. Source of income
  9. Veteran status 
  10. Sexual orientation
  11. Familial status 
  12. Marital status
  13. Ethnicity  
  14. National origin
  15. First responder status
  16. Visible traits of an individual such as natural hair texture, protective hairstyles & donning of religious garments or items and shall include segregation

Suffolk County Human Rights Law:
  1. Race
  2. Color
  3. Creed
  4. Age
  5. National origin
  6. Alienage / citizenship
  7. Gender
  8. Sexual orientation 
  9. Disability
  10. Marital status 
  11. Sex
  12. Familial status
  13. Military status 
  14. Visible traits of an individual, such as natural hair texture, protective hairstyles & donning of religious garments or items
  15. Lawful source of income
  16. Veteran status
  17. Victim of domestic violence

To remind everyone, the federal law is the floor under which states and locales may not fall. Plus, there are often city / town / village anti-discrimination laws that are also relevant and must be respected in housing.

Discrimination is wrong and should be eliminated through trainings, policies, and lawsuits. As a society, we have to utilize all of the tools in our arsenal to make housing available to everyone irrespective of demographics.

Help us to get the word out on this one. It's important because unless everyone knows the protections, no one is really protected.