Articles Discussing The New York Human Rights Law.

The New York City Council recently passed a proposed law (Bill 814-A) that would prohibit employers in the city from discriminating against unemployed individuals. Although Mayor Bloomberg has promised to veto the bill, the City Council appears to have enough support to override a veto. If it passes, New York City will become the first jurisdiction in the nation to provide a private right of action against employers that discriminate against individuals based on their current or past unemployed status. The proposed law prohibits employers and employment agencies in New York City from basing any hiring or other employment-related decision on an applicant’s employment status or stating in job advertisements that the unemployed need not apply.

The United States Court of Appeals for the Second Circuit has certified to New York’s highest state court, the New York Court of Appeals, this question of first impression: whether a plaintiff is barred from pursuing federal law discrimination claims under Title VII and the Americans with Disabilities Act if a New York state court previously dismissed similar state law claims by the same plaintiff as untimely.

Title VII of the Civil Rights Act, the New York State Human Rights Law, and the New York City Human Rights Law all protect employees from workplace discrimination based on religious beliefs and practices, and impose an obligation on New York employers to provide reasonable accommodations for the religious needs and practices of employees and prospective employees. Employers’ obligation to provide religious accommodations to their New York City employees, however, will be expanded by legislation passed unanimously by the New York City Council, called “The Workplace Religious Freedom Act.” (The effective date is dependent on whether Mayor Bloomberg signs the legislation or the City Council needs to enact the legislation over the Mayor’s veto.)