Now that the school year is underway, it’s time for New Yorkers who employ nannies, housekeepers, or other domestic workers to make sure that they are in compliance with Int. No. 339-B, New York City’s new legislation that extends the employment protections of Title 8 of the New York City Administrative Code (the “NYC Human Rights Law” or “NYCHRL”) to domestic workers.
If you employ even a single nanny or a housekeeper, you will be considered an employer under the NYC Human Rights Law. The bill, which was signed into law on August 25, 2021, will go into effect on March 12, 2022. The full text can be found here.
The NYC Human Rights Law, one of the most powerful anti-discrimination laws in the country, prohibits discrimination in employment based on based on race; color; religion/creed, age; national origin; immigration or citizenship status; gender; gender identity; sexual orientation; disability; pregnancy; marital status, and partnership status; unemployment status; arrest or conviction record; credit history; caregiver status; status as a victim of domestic violence, stalking, and sex offense; and sexual and reproductive health decisions. Currently, employees of employers with fewer than four employees total are not protected against discrimination (other than gender-based harassment) in the employment context.
Int. No. 339-B removes the NYCHRL’s statutory minimums with respect to domestic workers and extends basic employment protections to them by:
- Providing explicit protection under the NYCHRL for domestic workers, often working as the sole employee of an employer;
- Including protections for domestic workers against discrimination and harassment in hiring, firing, and the terms and conditions of employment, protections with respect to reasonable accommodations and protections against retaliation; and
- Giving domestic workers the ability to seek redress under the NYCHRL in the same way as most other workers protected under the law.
If you have additional questions or concerns about employing domestic workers in New York, please contact Chaim Book at cbook@mb-llp.com, Sheryl Galler at sgaller@mb-llp.com, or Melanie Sarver at msarver@mb-llp.com.
