New Law: Independent Contractors in NYC are Protected Against Discrimination and Must be Trained

Effective January 11, 2020, independent contractors in New York City are protected from discrimination or harassment in the workplace and can sue under the New York City Human Rights Law (New York State Human Rights Law already protects independent contractors). In addition, independent contractors in NYC now have a right to request and receive a reasonable accommodation related to their disability, religious observance, etc.

Because independent contractors are protected under the New York City Human Rights Law, companies in NYC with 15 or more employees are now required to provide annual sexual harassment prevention training to independent contractors (It was previously encouraged). Companies must modify their policies and training materials/procedures accordingly. Training under the NYC Human Rights Law must be completed by April 1, 2020.

Enhanced Fair Housing Regulations Published in State Register - Make Your Comments IMMEDIATELY

On January 15, 2020, Enhanced Fair Housing Provisions (page 12) were officially announced for New York State in the State Register.

Public Comment period goes to March 15, 2020 - make your comments by email:
david.mossberg@dos.ny.gov - or forever hold your peace. 

The proposal includes additions to 19 NYCRR 175.28, 175.29 and 177.9.


Section 175.28. Notification of Fair Housing Laws requires real estate brokers to advise parties how to sue them for discrimination - BE WARNED - it states:

a) A real estate broker shall be responsible to ensure that each individual licensed pursuant to Article 12-A of the New York Real Property Law and associated with such broker provides to a prospective purchaser, tenant, seller, or landlord upon first substantive contact a disclosure notice furnished by the Department, containing substantive provisions of the New York State Human Rights Law. The disclosure notice shall set forth how Human Rights Law complaints may be filed, and such other information as the Department deems pertinent.

b) The disclosure notice required pursuant to paragraph (a) of this section, may be provided to a prospective purchaser, tenant, seller, or landlord by any of the following means: email, text, electronic messaging system, facsimile, or hardcopy. An electronic communication containing a link to the disclosure notice required pursuant to paragraph (a) of this section shall be permissible, provided the communication also contains text to inform the prospective purchaser, tenant, seller, or landlord that the link contains information regarding the New York State Human Rights Law. Oral disclosure does not satisfy the requirements imposed by this section.

c) The disclosure notice required by paragraph (a) of this section shall apply to all real property whether or not it is used or occupied, or intended to be used or occupied, wholly or partly, as a home or residence of one or more persons regardless of the number of units, and shall include: condominiums; cooperative apartments; vacant lands, including unimproved real property upon which such dwellings are to be constructed; or commercial properties.

d) A real estate broker, licensed real estate salesperson, or licensed associate broker that provides the disclosure notice required pursuant to this section by hardcopy, shall obtain a signed acknowledgment from the prospective buyer, tenant, seller, or landlord. Such signed disclosure notice shall be retained for not less than three years. A real estate broker, licensed real estate salesperson, or licensed associate broker that provides the disclosure notice required pursuant to this section by email, text, electronic messaging system, or facsimile, shall maintain a duplicate copy of such disclosure and shall retain the same for not less than three years. If the prospective buyer, tenant, seller, or landlord declines to sign the disclosure notice, the real estate broker, licensed real estate salesperson or licensed associate broker shall set forth under oath or affirmation a written declaration of the facts regarding when such notice was provided and shall maintain a copy of the declaration for not less than three years.

e) A real estate broker shall be jointly liable for any violation of this section committed by any licensed individual associated with such broker.

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Section 175.29. Posting of Fair Housing Laws requires new fair housing signs at offices, websites, & all open houses to advise parties how to sue them for discrimination - BE WARNED - it states:

a) A real estate broker shall display and maintain at every office and branch office operated by such broker a notice, furnished by the Department, indicating the substantive provisions of the New York State Human Rights Law relative to housing accommodations. The notice shall set forth
how Human Rights Law complaints may be filed and such other information as the Department deems pertinent.

b) The notice required by paragraph (a) of this section shall be prominently displayed in the window of such office and any branch office maintained by such broker if such broker also provides listings or other postings in the window of such location and must be visible to persons on that portion of the sidewalk adjacent to such office or branch office. If any office or branch office is not accessible from the sidewalk or if postings are otherwise prohibited by any other applicable law, then the notice
required pursuant to paragraph (a) of this section shall be prominently posted in the same location the business license is posted pursuant to subdivision 3 of section 441-a of article 12 of the Real Property Law.

c) All websites created and maintained by real estate brokers, associate real estate brokers, real estate salespersons and any real estate team, as such term is defined by section 175.25 of this title, shall prominently and conspicuously display on the homepage of such website a link to the Department’s notice as required by paragraph (a) of this section, which shall be made available by the Department.

d) A real estate broker, licensed real estate salesperson, or licensed associate broker shall have displayed at all open houses of all real property the notice required by paragraph (a) of this section. In addition, a real estate broker, licensed real estate agent, or licensed associate broker shall
have available at all open houses and showings of all real property the notice required by paragraph (a) of section 175.28 of this part.

e) A real estate broker shall be jointly liable for any violation of this section committed by any licensed individual associated with such broker.

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Section 177.9. Video Recording and Record Preservation requires schools to record their discrimination trainings - it states:

(a) Every entity approved to provide instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest in real property shall cause a recording to be created of each course in its entirety. Such recording shall contain both video and audio of the instruction.

(b) The recording required by paragraph (a) of this section shall be maintained by the approved entity for at least one year following the date such course was provided to an enrolled student. If the entity knows or suspects that the recording is or will be the subject of litigation, then the approved entity shall maintain such recording as required by law.

(c) The recording required by paragraph (a) of this section may be subject to audit by the Department pursuant to section 177.11 of this part.

DOS Notice to Licensees in Real Estate Brokerage

Licensees just received this notice on Fair Housing. Remember - discriminating in real estate can result in fines, license revocation, and huge judgment awards in lawsuits.

Lieb School is committed to ending discrimination in housing by educating licensees about behaviors that constitute inadvertent discrimination. Lieb School - Where the Law is Followed.


Dear Licensee:

Please see attached Fair Housing Guidance Document. This email is a reminder notification of your obligation as a Real Estate Licensee to adhere to the laws prohibiting discriminatory practices.

If you have any questions pertaining to this topic, please contact us at eAccessNY@dos.ny.gov.

Division of Licensing Services
NYS Department of State

New Law: Discrimination Commissions

On November 25, 2019, General Municipal Law 239-o was amended to have local Commissions on Human Rights take into account all of the NYS protected classes when seeking to foster mutual respect and understanding in the community.

The protected classes are:

1. ages
2. races
3. sexual orientation
4. gender identity or expression
5. military status
6. sex
7. disability
8. predisposing genetic characteristics
9. familial status
10. marital status
11. domestic violence victim status 
12. creed
13. color
14. national origin

Protections for Victims of Harassment are Effective Today.

The following provisions of the recently passed New York State law which provide additional protections for victims of harassment/discrimination based on any protected class (sex, race, religion, etc.) go into effect today: 

1)  As of today, the high "severe and pervasive" standard for establishing claims of harassment no longer applies. Rather, any conduct, including isolated incidents, that merely rises above "petty slights" or "trivial inconveniences" may be considered harassment.

2) Whether or not an employee filed an internal complaint prior to filing a lawsuit is no longer determinative of an employer's liability.

3) Non-employees (contractors, vendors, etc.) can now bring claims of harassment against companies based on any protected class.

4) Non-disclosure provisions in agreements settling harassment claims are prohibited unless it is the employee's preference.

5) Mandatory arbitration of harassment claims based on any protected class is now prohibited.

Employers should ensure that these new provisions are included in their annual harassment prevention training.

Alert: Cuomo Makes it Easier for Workplace Sexual Harassment Claims

Attention Employers and HR!!!!

Cuomo signs sexual harassment law- as we first reported on June 19, 2019, A08421 passed both houses and now Cuomo has made it the law of the State of New York.

The legislation does the following:

• Changes the severe or pervasive standard of harassment to a very low standard of more than petty slights or trivial inconveniences;
• Eliminates part of the Faragher/Ellerth affirmative defense to a lawsuit by making the fact that the employee did not make a complaint about the harassment to the employer not determinative as to liability;
• Extends protection for non-employees in the workplace to all protected classes;
• Allows courts to award attorney's fees on all claims of employment discrimination, and allow for punitive damages in employment discrimination cases against private employers;
• Provide that the Human Rights Law is to be construed liberally for remedial purposes, regardless of how federal laws have been construed;
• Prohibit mandatory arbitration clauses for discrimination claims;
• Prohibit non-disclosure agreements in any settlement for a claim of discrimination, unless it's the complainant's preference;
• Provide that any term or condition in a non-disclosure agreement is void if it prohibits the complainant from initiating or participating in an agency investigation or disclosing facts necessary to receive public benefits;
• Require that employees be notified that non-disclosure agreements in employment contracts cannot prevent them from talking to the police, the Equal Employment Opportunity Commission (EEOC), the State Division of Human Rights or a similar local entity, or a lawyer;
• Extend the authority of the Attorney General to prosecute certain civil and criminal cases of discrimination against all protected classes;
• Require the Department of Labor and the Division of Human Rights to evaluate the impact of the model sexual harassment prevention policy every four years and update the policy as needed;
• Require any term or condition in a non-disclosure agreement be provided in writing to all parties, in plain English and the primary language of the complainant;
• Require the commissioner of the Labor Department to prepare templates of the model policy in languages other than English;
• Require every employer to provide employees with their sexual harassment policy in English or their primary language when they are hired and during training; and
• Extend the statute of limitations to file a sexual harassment complaint with the Division of Human Rights from one year to three years.

Visit discriminationpreventiontraining.com to keep your company safe from discrimination claims while maintaining a safe workplace for all.

Sexual Harassment Complaints up 62% since 2016

According to the NYS Division of Human Rights, in legislative testimony provided earlier this month, sexual harassment complaints made to the Division have increased 62% since 2016.

Plus, this gigantic increase in complaints occurred before every employee in the State received training as to their rights when either being a victim of sexual harassment or being retaliated against for attempting to stop harassment.

Remember - every employer must train their employees before October 9, 2019 per Labor Law 201-g.

Failure to train is a misdemeanor and will be the kiss of death when trying to defend the company against a complaint of sex discrimination.

Source of Income Discrimination now banned in all of New York State

Source of income discrimination is now prohibited in all of New York State as a result of Governor Cuomo’s signing of the New York State FY 2020 Budget. The Budget amends the New York State Human Rights Law or Section 292 of the Executive Law to add and define “lawful source of income” as a protected class.

The term “lawful source of income” shall include, but not be limited to, “child support, alimony, foster care subsidies, income derived from social security, or any form of federal, state, or local public assistance or housing assistance including, but not limited to, section 8 vouchers, or any other form of housing assistance payment or credit whether or not such income or credit is paid or attributed directly to a landlord, and any other forms of lawful income.” Exec. Law §292(36).

Prior to Governor Cuomo’s signing of the Budget, source of income discrimination was already prohibited in New York City, Nassau, Suffolk and Westchester Counties, among others. It is important to note that as a result of the new law, the cooperative and condominium exemptions in Westchester County are no longer applicable.