Client Alert

On December 23, 2022, Governor Hochul signed into law a bill amending the New York State Human Rights Law (“NYSHRL”) to add citizenship and immigration status to the list of protected classes covered. The law became effective immediately.

Specifically, the amendment prohibits employers from discriminating, harassing, or retaliating against any individual because of their citizenship or immigration status. The law defines “citizenship or immigration status” as “citizenship of any person or the immigration status of any person who is not a citizen of the United States.”

Prior to this change, the protected class of national origin was used to prohibit discrimination against new Americans or those who were discriminated against based on an assumption that they were not American. Now, an individual’s immigration or citizenship status cannot be the basis for unlawful discrimination in the areas of jurisdiction covered under the NYSHRL.

In order to ensure compliance with the new law, New York employers should review and revise their employee handbooks, policies, practices and training materials to include information on anti-discrimination, harassment, and retaliation based on an individual’s citizenship or immigration status. In addition, supervisors, managers and human resources professionals should be informed about the amendment adding citizenship or immigration status as protected categories, and identify ways to prevent prohibited discrimination, harassment, and/or retaliation regarding same.

Should you have any questions relating to the new law and/or need assistance updating your policies, please contact Ali Law Group.

HRtelligence (www.HRtelligence.com), a dynamic labor and employment content provider, provides actionable information and real-world strategies including employment trends, insights, practical guidance and strategies, created and curated by practicing attorneys on a wide range of topics, from Discrimination/EEO to Wage & Hour.