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New York City Human Rights Law

New York City Human Rights Law

Human Rights Cases Explained by Our NYC Employment Lawyers

Schwartz Perry & Heller LLP has been involved in handling cases brought under the New York City Human Rights Law since the law was first enacted in 1991.

Protecting employees from discrimination by employers with more than 4 employees, the New York City Human Rights Law stands as one of the most comprehensive human rights laws in America. This law received its constitutional seal of approval from the New York State Appellate Court when Schwartz Perry & Heller LLP represented a sexual harassment victim in the case of Bracker v. Cohen.

  • Race
  • Color
  • Creed
  • Age
  • National origin
  • Alienage (citizenship status)
  • Gender
  • Sexual orientation
  • Disability
  • Marital status
  • Partnership status

The remedies provided for under the New York City Human Rights law are broader and more expansive that than its New York State and Federal counterparts. Under the City Law, a victim of employment discrimination can recover uncapped compensatory and punitive damages, as well as attorney’s fees, if the plaintiff is the prevailing party at trial.

Questions about New York human rights law? Contact Schwartz Perry & Heller LLP to learn more today.

Amendments to the Human Rights Law in NY

In October 2005, the New York City Council amended the City Human Rights Law with the Restoration Act of 2005. This amendment and the growing body of case law that has developed around it has made it clear that the City Law requires a uniquely liberal interpretation, which is beneficial for victims of discrimination in the workplace. 

Of particular note is the fact that Courts in New York, when reviewing disability discrimination cases, have determined that what constitutes a “reasonable accommodation” is anything that does not cause “undue hardship” and the burden of proving “undue hardship” is on the employer. In other words, where the burden was once on the employee to prove that he/she could perform the essential functions of his/her job with a reasonable accommodation, now the employer has to plead and prove that the employee could not perform the essential functions of his/her job with a reasonable accommodation. 

On August 17, 2011, the New York City Human Rights Law was further amended when the New York City Council passed “The Workplace Religious Freedom Act.” This amendment to the law requires that employers accommodate the religious observances of its employees unless doing so would cause “undue hardship,” which is defined as an accommodation which would require “significant expense or difficulty.” The burden now rests on the employer to make such a showing. This amendment has confirmed that the New York City Council is determined to ensure that the New York City Human Rights Law is treated in the broadest way possible to achieve its goal, which is to eradicate all forms of discrimination in employment in the City of New York. 

If you work in New York City and believe that you are being discriminated against for one of the reasons prohibited by the New York City Human Rights Law, the New York employment discrimination attorneys at Schwartz Perry & Heller LLP are here to help.

If you would like to know more about New York human rights law, contact Schwartz Perry & Heller LLP now to speak with one of our attorneys.

Meet Our Team

Why Choose Schwartz Perry & Heller LLP?

  • 100+ Years of Collective Experience
  • Personalized & Compassionate Service
  • Award-Winning Legal Counsel
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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.