Are Caregivers Protected in the Workplace?

New York City’s Human Rights Law now includes protection for individuals who qualify as caregivers.

The extension of the existing law now protects anyone who falls under “caregiver status.”

Who Qualifies as a Caregiver?

NYC’s Human Rights Law includes a definition section to help people determine whether or not they are protected under the law. Under the law, a caregiver is someone “who provides direct and ongoing care for a minor child or care recipient.”

According to the law, “minor children” are people under 18 years of age who are the legal ward or biological, adopted, or foster child of the person providing care.

The law defines a “care recipient” as someone with a disability who is a covered relative or resides in the caregiver’s home and receives medical care or help with daily needs from the caregiver.

Covered relatives include:

• Children
• Spouses
• Domestic partner
• Siblings
• Grandparents
• Grandchildren
• Children of the caregiver’s spouse or domestic partner
• Individuals with familial relationships defined by the rules of the NYC Commission on Human Rights

The law does define “direct and ongoing care.”

Employers Must Protect All Employees Providing Care to Relatives in their Home

The Commission released a FAQ that provides guidance and examples of caregiver discrimination in the workplace.

For example, an employer would violate the law if they took adverse action against an employee who is:

• A parent of a biological, foster, or adopted child
• Married or in a domestic relationship with a sick person
• A single parent
• A caregiver for a child or relative with a disability

A specific example would be an employer refusing a promotion to a mother with a child with a disability when she is otherwise qualified for the position.

NYC’s law expands protections offered at the state level that recently passed discrimination based on familial status. New York State offers protection only to parents. The city’s law protects those who are caring for all relatives living in the caregiver’s home.

The law is expected to make it more difficult for employers to demand employees prioritize work responsibilities over familial responsibilities. Previously, many assumed that employers could require complete dedication. Working less to take care of family members could result in negative workplace consequences. This wasn’t always the case and employers dealt with situations differently.

But now that caregivers are a protected class, it limits how an employer can respond to a request for flexibility. Some believe the new law will protect all caregivers from retaliation. Employers are also prohibited from punishing employees who request flexibility to deal with caregiving responsibilities.

Law Addresses Obvious and Subtle Discrimination

Employers are also responsible for ensuring that discrimination against caregivers does not occur in subtle ways. This includes retaliation such as termination or denial of advancement. Additionally, under the law, an employee could also raise concerns about discrimination if excluded from important meetings or inclusion in projects due to caregiving responsibilities.

Employers are now responsible for ensuring they do not discriminate against anyone in the workplace who has direct and ongoing caregiving responsibilities at home. The law protects those who have no choice but to establish a work-life balance because they are responsible for the care of loved ones.

If you have questions about this extension to New York City’s Human Rights Law or you believe you were discriminated against because of your caregiving responsibilities, we can help. Contact Borrelli & Associates, P.L.L.C. to schedule a free consultation.