New York City Commission on Human Rights

The First Department Appellate Division Adopts An Expanded Definition of Marital Status Discrimination Under the New York City Human Rights Law

November 20, 2018

By Subhash Viswanathan and Kaveh Dabashi

In 1980, the New York Court of Appeals (the highest court in New York) held that the prohibition against "marital status" discrimination contained in the New York State Human Rights Law includes only discrimination based on the status of being married or not married, and does not prevent an employer from taking an adverse employment action against an employee based on the identity or occupation of a person's spouse.  In that case, Manhattan Pizza Hut, Inc. v. New York State Human Rights Appeal Board, the Court upheld the employer's decision to discharge the plaintiff because her husband was employed as her supervisor in violation of the employer's anti-nepotism policy.  In a recent decision, however, the First Department Appellate Division adopted a more expanded definition of marital status discrimination under the New York City Human Rights Law.

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Reminder to NYC Employers: Law Prohibiting Inquiries About Compensation History Will take Effect on October 13

October 25, 2017

By Christopher J. Dioguardi

In blog posts on April 11 and May 10, we explained a piece of legislation that will ban nearly all New York City employers from:  (1) asking job applicants about their compensation history; and (2) relying on a job applicant’s compensation history when making a job offer or negotiating an employment contract.  This post serves as a friendly reminder that the law will take full effect on Tuesday, October 31, 2017.