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Schwartz Perry & Heller LLP 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.

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    "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.
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    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.

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    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.
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    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.
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    New York, NY
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    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+
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    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.
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    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.
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    Brian was extremely helpful and responsive it helping me review my first ever separation agreement. He was able to explain the legalese in a way that allowed me to understand the risks I could be taking on down the road. After speaking to him, I was able to negotiate to include additional language in my agreement that will protect my future career. He was nothing but professional and incredibly responsive. I can't recommend him enough.
    - Former Client