NYCHRL Workplace Discrimination Protections and COVID-19

Working Through COVID-19

2020 has undoubtedly been one of the most intense years in the history of New York City. Although the proverbial curve of COVID-19 infections has been flattened since March, cases are once again on the rise. For the foreseeable future people will continue to have their daily lives disrupted by COVID-19, particularly in the workplace. Accordingly, employees need to take precautions to stay healthy, and employers need to be prepared to accommodate them.

Under normal circumstances a sudden, unforeseen absence from work is already an alarming idea to most. Workplaces are competitive environments, not being present hurts one’s chances for advancement and taking time off may be frowned upon. However, this standard is directly at odds with the measures required to beat COVID-19. As a result, employees everywhere have had to strike a delicate balancing act between productivity and safety. All things considered, knowing the legal protections afforded to employees is more important than ever. 

federal protections

While the Federal Government has mandated that employers must provide sick leave to employees who need to quarantine because of COVID-19, it simply hasn’t done enough to protect employees. Furthermore, that mandate expires on December 31, 2020, and provides no protections against workplace discrimination related to COVID-19. However, those who work in New York City do have more expansive protections afforded to them by the NYCHRL(New York City Human Rights Law) which directly concern COVID-19.

What is the NYCHRL?

The New York City Human Rights Law (Title 8 of the Administrative Code of the City of New York) is a Civil rights law which prohibits discrimination against a number of protected classes in employment, housing and public accommodations. These protected classes include: race, national origin, disability, etc. In addition to prohibiting discrimination, The NYCHRL provides a path to restitution for victims of civil rights violations. If someone believes their rights under the NYCHRL have been violated they may file a complaint with the NYC Commission on Human Rights, or directly file a lawsuit in court. While these protections are long standing in NYC, the Commission on Human Rights has clarified how they apply to COVID-19

NYCHRL and COVID-19 

The Commission on Human Rights has stated that it considers “actual or perceived infection with COVID-19 to be protected as a disability under the NYCHRL ”. This effectively expands the NYCHRL’s protections for disabled individuals to include those who have been infected with COVID-19, as well as those who are perceived to have been infected. So what does this mean for those who work in NYC? 

Protections for Employees

First and foremost, it is illegal for an employer to discriminate against or harass an employee based on an actual or perceived infection with COVID-19, as well as actual or perceived history of infection with COVID-19. Additionally, it is illegal to discriminate against an employee based on the belief they are more likely to contract COVID-19 due to actual or perceived race, national origin, disability or other protected class. Furthermore, employers are also legally required to provide accommodations to those who have contracted the virus.

What Should You Do?

In light of the rising COVID-19 infection rate, those working in NYC should familiarize themselves with the protections afforded by the NYCHRL. If you experienced discrimination or harrassment in the workplace related to COVID-19 the law is on your side and most importantly, you have a path to restitution.