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Caregiver Status Discrimination

New York Caregiver Discrimination Attorneys

Compassionate and Dedicated Legal Support

When you are responsible for taking care of a child or disabled loved one, you already have a lot on your plate. Many caregivers still need to work in order to manage expenses, but they often face resistance from employers wary of their dual responsibilities.

In 2016, the New York City Commission on Human Rights instituted new rules protecting caregivers’ rights in the workplace. It is unlawful for most New York City employers to treat employees differently as a result of their caregiver status.

If you believe that you have suffered adverse action due to your caregiver status, our New York caregiver discrimination lawyers at Schwartz Perry & Heller LLP can help. We have extensive knowledge of human rights and employment law and are empathetic to the unique challenges working caregivers experience. Our team can give you the support that you need in protecting and enforcing your workplace rights.

We can help you pursue litigation involving caregiver discrimination. Call (646) 490-0221 or contact us online to discuss your situation.

Who Is a Caregiver in New York?

Anyone who provides “direct and ongoing” care to a qualifying loved one may be considered a caregiver under New York City law. The New York City Commission on Human Rights defines two categories of caregivers that have the same protections from workplace discrimination.

You may be considered a caregiver in New York City if:

  • You are the parent of a minor child (including foster or adopted children) and provide direct and ongoing care for that child
  • You provide direct and ongoing care to a chronically ill or disabled spouse, child, parent, sibling, grandparent, or grandchild

Who Is Protected by New York City’s Caregiver Discrimination Law?

If you work for an employer operating in New York City with at least 4 total employees, you are protected as a caregiver under the law. Full-time employees, part-time employees, and interns both paid and unpaid all qualify for protection. Many independent contractors also qualify.

How To Recognize Caregiver Discrimination

Under the law, employers are not allowed to treat a caregiver differently than they would a non-caregiver. This applies to both current employees and potential job candidates throughout the hiring process.

Under caregiver anti-discrimination rules, New York City employers are not permitted to:

  • Refuse to hire or reasonably consider the candidacy of a potential employee based on their caregiver status
  • Advertise a job that openly states a refusal to consider caregivers
  • Refuse to promote an employee based on their caregiver status
  • Terminate an employee due to their caregiver status
  • Demote or reduce the hours of an employee due to their caregiver status
  • Reduce benefits of an employee due to their caregiver status
  • Offer flexible accommodations or benefits to some employees but not caregivers

It should be noted that, in most circumstances, employers are not necessarily required to provide accommodations, such as working from home or flexible hours, for caregiver responsibilities. However, they must extend the same benefits to all employees. If an employer is willing to give flexible scheduling to one option, for example, they must also provide that same benefit to you if requested.

It can sometimes be difficult to ascertain whether an adverse action is the direct result of someone’s caregiver status. Caregiver employees should be vigilant in looking for signs of potential caregiver discrimination.

Caregiver discrimination warning signs include:

  • Questions about your children and your role in raising them
  • Questions about your ill or disabled spouse and how you balance your caregiving responsibilities
  • Unsubstantiated comments about your seeming “tired” or “unfocused” due to your caregiving responsibilities
  • Questions about whether you intend to marry or remarry if you are a single parent
  • Questions about whether you intend to hire a full-time nurse or caregiver
  • Unsubstantiated comments or expressions of concern about your reliability

Our New York caregiver discrimination attorneys at Schwartz Perry & Heller LLP can help you enforce your rights if you believe you are in danger of adverse action. If you have been fired, demoted, or seen your hours reduced as a result of your caregiver responsibilities, we can explore legal action that can work to reinstate you and recover damages. We can also assist in cases where you believe you were passed over for a promotion or job as a result of your caregiver status.

Enforce your rights as a caregiver with our help. Call (646) 490-0221 or contact us online to learn more about your legal options.

Meet Our Team

Why Choose Schwartz Perry & Heller LLP?

  • 100+ Years of Collective Experience
  • Personalized & Compassionate Service
  • Award-Winning Legal Counsel
  • A Track Record of Success

Our Testimonials

Our Past Clients Speak to Our Experience
    "Always available, conscientious and extremely knowledgeable."

    Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian will put in the work and always treat his clients with the utmost professionalism and respect.

    - N.W.
    "I trusted them entirely."

    I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.

    - A.M.
    "Their integrity, personal attention, and knowledge are superior."
    Schwartz, Perry & Heller, LLP are the most skilled Lawyers for your discrimination case in the Tri-State area. Their integrity, personal attention, and knowledge are superior. They won my case and can win yours. Nothing beats the best.
    - D.K.
    "Caring, smart, highly skilled negotiators"
    Davida Perry and Brian Heller are very caring, attentive and highly skilled negotiators who gave me expert representation to win my negotiation and achieve my goals.
    - D.
    "Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help."
    Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help. I first met Mr. Schwartz and Brian Heller a few years ago when I was working at an international firm in an IT role when I contacted them for the free consultation because I felt that I was being setup to be fired. I knew I was being treated unfairly by my manager. I felt utterly helpless and had no idea who to turn to. After meeting with Mr. Schwartz and Brian Heller, I came to understand that the unfair treatment I endured was actually discrimination. They counselled me through being fired and negotiating a settlement; an extremely upsetting and exhausting experience. They explained the rules of employment law while treating me with dignity and kindness. Due to the skill and knowledge of these attorneys, I received a substantial settlement and was able to move on to another company with my self-respect intact and without the financial hardship that would have resulted from losing my job. They also ensured that this employer could not damage my reputation going forward with future employers. Recently, when I had another issue with a different employer; I called Brian Heller right away. I knew that Brian, being extremely well versed on the latest employment laws, would be able to help me. Brian carefully guided me and I was able to “ride the wave” of unprofessionalism and threats of litigation coming my way from my former employer’s attorney. My former employer thought that they could bully and frighten me into staying with them longer so that my new job opportunity would no longer be available, and then they could let me go when it was convenient for them - and I’d be out of work. They didn’t know that I have a Secret Weapon – Brian Heller! Once Brian was on the case, those threats ceased and I was able to accept my new wonderful job and leave the worry and stress behind. I highly recommend Brian Heller and Schwartz & Perry as a firm. Over the years Brian has always treated me with kindness and respect and I have peace of mind because I have someone I trust who is on my side, who can guide me and who is willing and extremely capable of protecting my rights.
    - Former Client
    "From day 1 of the consultation to the very end I felt like the most important client to the firm."
    Amazing team of Attorneys. From day 1 of the consultation to the very end I felt like the most important client to the firm. Brian Heller who I dealt with personally was amazing. Whether it was a call or email responses were very prompt and I was kept informed every step of the way. Even a few calls just to check in and say hello. Truly an incredible experience and I would recommend them to anyone seeking justice. If they take your case they will fight with you to the end. A+
    - D.W.
    "We remain tremendously grateful for his support and look forward to working with him again."
    On short notice, Brian Heller reviewed contracts with complex international dimensions and found important discrepancies that I and other senior-level executives had missed completely. He was fast, thorough, and detail-oriented in providing pragmatic advice that enabled us to be sure that we were getting the fairest and best possible treatment under the law. We remain tremendously grateful for his support and look forward to working with him again.
    - Eric
    "Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me."
    After having a terrible experience at my last job, facing the anxiety again of having to rehash the treatment was daunting. Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me. I won’t lie, there were moments I wanted to give up, but Davida was always there to help me stay focused and realize that I didn’t need to let them win. She was really great at countering all of their arguments, I pity anyone that would try to prove her wrong. She thought of everything we need and kept me constantly updated. Mostly what I appreciated about Davida was her kindness, and her genuine care for my mental health. She wanted to make sure I was taking care of myself during a very trying time. I cannot recommend this firm enough. They all clearly care about their clients and want to do best for you. Don’t be afraid to stand up for yourself, and if you’re worried about the challenges that lie ahead be sure to team with Schwartz Perry & Heller, they will have your back and fight for justice.
    - T.B.