Toolkit Layout 9.17.24 digital MM final

New York

Women Valued

Empowering Women In The Workplace

Contents 4 Acknowledgments 5 About Women Valued 8 Introduction 10 Legal Checklist for Women’s Economic Equality 12 Sex and Gender Discrimination 17 Sexual Harassment 21 Equal Pay 25 Minimum Wage and Fair Wage Practices 29 Economic Opportunity 34 A Safe Workplace and Fair Working Conditions 39 Domestic Violence, Sexual Assault, and Stalking 45 Reproductive and Maternal Health 49 Pregnancy, Childbirth, and Breastfeeding 53 Paid Family Leave 57 Child Care Assistance and Protections for Caregivers 60 Public Benefits 66 Protecting Our Rights Together 70 Additional Resources 71 Endnotes

Acknowledgments The Legal Toolkit for Women’s Economic Equality is a project of Legal Momentum’s Women Valued Initiative. Women Valued was generously funded by a Cy Pres Award from Mehri & Skalet, PLLC. This project was also made possible in part by a grant from the New York Bar Foundation. Legal Momentum extends its deep gratitude to the organizations that participated as members of our Women Valued Advisory Council. These organizations volunteered their time to provide targeted expertise to improve our guidance to better serve the most vulnerable women in New York State.

Women Valued Advisory Council Center for Family Life National Domestic Workers Alliance New York Civil Liberties Union Restaurant Opportunities Center of New York Sanctuary for Families The Worker Institute at Cornell Worker Justice Center of New York Legal Momentum also extends special thanks to all of the individuals and entities who generously contributed their time, skills, and expertise to helping us improve this Toolkit, including:

Catherine Barnett, Maru Bautista, Maria Figueroa, Sharon Hang, Jill Hopfield, Hughes Hubbard & Reed LLP, Rachel Isreeli, Emma Kreyche, Beth Lyon, Yamila Ruiz, Marrisa Senteno, Tarra Uddin, KC Wagner, Shaina Weisbrot, Wenqing Zhu, and Lisa Zucker. The layout for the Legal Toolkit for Women’s Economic Equality was designed by Randall Martin, Randall Martin Design.

© 2024 Legal Momentum. This publication is copyrighted, but may be used free of charge for education, advocacy, and the provision of client services, provided that the source is acknowledged and accredited in full. For questions regarding additional uses, please contact Legal Momentum through our website: https://www.legalmomentum.org.

About Women Valued Harnessing Legal Momentum’s long history and experience working on gender discrimination in the workplace, Women Valued takes a uniquely intersectional approach to women’s economic empowerment and workplace equality that prioritizes the unmet needs of the most underserved women. By implementing a two-part strategy of holistic empowerment and policy advocacy, Legal Momentum is leading the way to establish a workplace culture of equal opportunity and system-wide accountability for ALL women.

With this goal in mind, the Initiative provides and engages in targeted legal education and advocacy on behalf of the most undervalued women in the workplace and in our economy, including: 1 women with a low-income; 2 women earning a low-wage, particularly those working in high-risk industries, such as domestic workers, hospitality workers, and farmworkers; 3 immigrant women; 4 women of color; and 5 victims of domestic violence, sexual assault, and stalking.

Taking a holistic approach to addressing existing obstacles, Women Valued provides comprehensive guidance and engages in advocacy on 13 core issues that can profoundly impact a woman’s economic security. Sex Discrimination • Sexual Harassment • Equal Pay • Minimum Wage and Wage Theft Economic Opportunity • Safe Workplaces and Fair Working Conditions • Workplace Protections for Survivors of Domestic Violence, Sexual Assault, and Stalking • Reproductive and Maternal Health • Pregnancy, Breastfeeding, and Childbirth • Paid Family Leave • Child Care Assistance Public Benefits • Collective Action Women Valued is strongly committed to ensuring that ALL women are better informed about their rights. Through this Toolkit, the Initiative educates women and their advocates on the 13 core issues, including available legal rights, protections, and benefits. With this knowledge, advocates working on the front lines with the most vulnerable women will be better equipped to provide their clients with critical information that impacts their economic security. With this knowledge, women in all walks of life will be better equipped not only to defend themselves, but to proactively pursue equality in the workplace before discrimination occurs.

Women Valued is similarly committed to ensuring that our laws achieve meaningful and comprehensive workplace equality for ALL women. Through Legal Momentum’s Working Women’s Bill of Rights, the Initiative has set forth an integrated legislative agenda for women’s economic equality, setting priorities in the same 13 cross-cutting issue areas.

The most common way people give up their power is by thinking they don’t have any.” – Alice Walker, Writer & Activist 66 ©© 2 2002244 L Leeggaal lM Moommeenntutumm

New York

Women Valued

Empowering Women In The Workplace

A Legal Toolkit for Women’s Economic Equality Guidance for Women & Advocates

Women are Undervalued Due to persistent gender discrimination, women continue to be undervalued in the workplace. As a result, women often have difficulty finding decent work, face unfair treatment from employers, and encounter barriers to advancement. If you are a woman working or trying to find a job, you may at some point find yourself in a situation where you are treated worse or paid less than a male coworker, sexually harassed or abused at work, subjected to unsafe working conditions, robbed of your wages, or unable to find or keep a job because you have to care for a child or other family member.

To make matters worse, many of these disadvantages often intersect and weave together in ways that add up or can spiral out of control. For example, you may be more likely to be a target of sexual harassment because you earn low-wages and care for your family, and your employer knows that you cannot afford to lose your job.

While women often accept these conditions as inevitable, it is important to remember that it doesn’t have to be this way. There are a range of laws designed to protect you in these scenarios. In fact, when actions that your employer is taking seem unfair, they may be in violation of the law. To safeguard yourself, it is critical that you are aware of your rights and informed about ways you can assert them.

Reclaiming Your Value Through Knowledge All women—regardless of economic situation or immigration status—have certain legal rights. Recognizing that women often face a range of overlapping problems in the workplace, this Toolkit identifies 13 rights and benefits in New York State, based on federal, state, and local laws, that women and advocates should know about.

By providing basic information about rights in these 13 core areas and ways to assert these rights, this Toolkit will also prepare you to 1 better identify when your rights are being violated, 2 ask the right questions to find out what rights and benefits are available, 3 take steps to preserve your rights, 4 gain the confidence to assert these rights when necessary, 5 take preventative steps to keep one discriminatory act from spiraling into others, and 6 demand more comprehensive support to achieve economic equality.

To be proactive, we must know our rights and obligations even before we face discrimination. The more we assert our rights, and when we do so together, the more meaningful these legal protections become. 8 © 2024 Legal Momentum

Introduction.

How to Use This Toolkit This Toolkit is for women working and/or residing in New York State and for advocates providing support to women in New York State. The Legal Checklist provides a synopsis of the 13 rights and benefits covered in this Toolkit. Each subsequent section provides more detailed guidance on applicable legal protections, who is covered, ways you can assert your rights, resources available to assist you, and options for where you can go at the federal, state, and local levels to file a complaint. APPLICABLE LAWS: The Toolkit provides guidance on your rights under federal, state, and local laws. Federal laws are enacted by Congress and apply nationwide. In addition to federal laws, states often have similar (and sometimes stronger) laws in place. The county, city, or town where you work or live may also have passed laws that protect you, which we refer to as local laws. In some cases, if your situation is not covered by federal law, you may be covered by state or local laws, or vice versa. In New York State, many state and local laws provide stronger protections for women than federal laws. This Toolkit provides guidance on all three types of laws that apply in New York State. WHO IS COVERED: This Toolkit focuses on legal protections based on sex and gender, as defined under federal, state, and local laws. Depending on the law, many of the rights covered in this Toolkit apply regardless of sexual orientation, to people of all gender identities, transgender people, working families, and men. The Toolkit also provides targeted guidance for women who are most undervalued in our economy, including 1 women with a low-income; 2 women working a low-wage job, especially those in a high- risk industry such as domestic work, farm labor, or hospitality; 3 women of color; 4 women with unstable immigration status; and/or 5 victims of domestic violence, sexual assault, or stalking. HOW TO USE THIS TOOLKIT: The Toolkit should be used as a starting point to guide you when trying to determine what rights you have based on where you live. Note that this Toolkit is for informational purposes and is not intended to provide legal advice. It is a starting point, not a substitute for a conversation with an attorney. While some protections apply generally to all individuals in New York State, regardless of immigration status, certain protections may not apply to you depending on your specific circumstances or based on the number of people who work for your employer. Additionally, there may be costs and risks associated with asserting your rights. Therefore, if you have questions about your rights in one or more of these areas or believe your rights have been violated, contact a legal advocate or an attorney. We specifically urge men, as bystanders, as fathers, as husbands or partners, as brothers, as sons, and as employers to use this Toolkit to educate themselves about the broad-ranging issues that profoundly impact women’s economic security and to recognize their equal role in raising families and working to achieve equal, inclusive, and diverse workplaces. FOR FURTHER ASSISTANCE: For information, referrals, and resources (in English and Spanish), contact Legal Momentum’s Helpline at (1-800-649-0297) or Help@LMHelpline.org or visit the Additional Resources section at the end of this Toolkit. 9 © 2024 Legal Momentum © 2024 Legal Momentum 9.

APPLICABLE LAWS: The Toolkit provides guidance on your rights under federal, state, and local laws. Federal laws are enacted by Congress and apply nationwide. In addition to federal laws, states often have similar (and sometimes stronger) laws in place. The county, city, or town where you work or live may also have passed laws that protect you, which we refer to as local laws. In some cases, if your situation is not covered by federal law, you may be covered by state or local laws, or vice versa.

In New York State, many state and local laws provide stronger protections for women than federal laws. This Toolkit provides guidance on all three types of laws that apply in New York State. WHO IS COVERED: This Toolkit focuses on legal protections based on sex and gender, as defined under federal, state, and local laws. Depending on the law, many of the rights covered in this Toolkit apply regardless of sexual orientation, to people of all gender identities, transgender people, working families, and men.

The Toolkit also provides targeted guidance for women who are most undervalued in our economy, including 1 women with a low-income; 2 women working a low-wage job, especially those in a high- risk industry such as domestic work, farm labor, or hospitality; 3 women of color; 4 women with unstable immigration status; and/or 5 victims of domestic violence, sexual assault, or stalking.

HOW TO USE THIS TOOLKIT: The Toolkit should be used as a starting point to guide you when trying to determine what rights you have based on where you live. Note that this Toolkit is for informational purposes and is not intended to provide legal advice. It is a starting point, not a substitute for a conversation with an attorney. While some protections apply generally to all individuals in New York State, regardless of immigration status, certain protections may not apply to you depending on your specific circumstances or based on the number of people who work for your employer. Additionally, there may be costs and risks associated with asserting your rights. Therefore, if you have questions about your rights in one or more of these areas or believe your rights have been violated, contact a legal advocate or an attorney.

We specifically urge men, as bystanders, as fathers, as husbands or partners, as brothers, as sons, and as employers to use this Toolkit to educate themselves about the broad-ranging issues that profoundly impact women’s economic security and to recognize their equal role in raising families and working to achieve equal, inclusive, and diverse workplaces.

FOR FURTHER ASSISTANCE: For information, referrals, and resources (in English and Spanish), contact Legal Momentum’s Helpline at (1-800-649-0297) or Help@LMHelpline.org or visit the Additional Resources section at the end of this Toolkit.

1. Sex & Gender Discrimination.

2. Sexual Harassment.

3. Equal Pay.

4. Minimum Wage & Fair Wage Practices.

5. Economic Opportunity.

6. A Safe Workplace & Fair Working Conditions.

New York Legal Checklist for Women’s Economic Equality This Checklist provides a synopsis of the 13 rights, protections, and benefits covered in the Legal Toolkit for Economic Equality. Some of these rights overlap—but the Toolkit is divided into 13 core areas for ease of reference. For example, the prohibition against sex and gender discrimination is an overarching prohibition that covers many of the individual prohibitions in the subsequent sections, which provide more detailed guidance. Note that, depending on your circumstances, certain protections may not apply to you or additional protections may apply. For more information, visit the appropriate section in the Toolkit.

1 Sex & Gender Discrimination You have the right not to be discriminated against at work on the basis of your sex or gender. This right is fundamental and encompasses many of the specific protections below. The law also protects you based on your gender identity, sexual orientation, and familial status.

2 Sexual Harassment You have the right to a workplace free of sexual harassment and abuse. Sexual harassment is a form of sex discrimination. 3 Equal Pay The law prohibits employers from paying you less because of your sex or gender. This type of treatment is a form of sex discrimination. Your employer is also prohibited from punishing you for discussing or disclosing rates of pay with your colleagues, and, depending on where you work, an employer may be prohibited from asking about or relying on your prior salary to set your new salary.

4 Minimum Wage & Fair Wage Practices You have the right to be paid for your work. It is illegal for your employer to steal your wages, pay you below the state minimum wage, or force you to work for no wages. 5 Economic Opportunity It is unlawful for a lender or financial institution to deny you a loan or financing based on your sex or gender. Resources are available to help you find a job; improve your finances; start a business; and obtain education, language, and skills trainings to get a job, including jobs in higher paying fields.

6 A Safe Workplace & Fair Working Conditions You have the right to a safe workplace free from hazards that could cause you serious harm and free from coercive working conditions. Depending on your circumstances, you may also be entitled to certain fair work practices such as breaks, days of rest, sick time, leave, and fair scheduling.

7. Domestic Violence, Sexual Assault & Stalking.

8. Reproductive & Maternal Health.

9. Pregnancy, Childbirth & Breastfeeding.

10. Paid Family Leave.

11. Child Care Assistance & Protections for Caregivers.

13. Protecting Our Rights Together.

7 Domestic Violence, Sexual Assault & Stalking It is unlawful for an employer to discriminate against you in the workplace based on your status as a victim of domestic violence. Depending on where you live additional protections may exist, including protections for victims of sexual assault or stalking, that can help you keep or leave your job while addressing the abuse.

8 Reproductive & Maternal Health You have the right to a safe and confidential abortion until your 24th week of pregnancy or at any point medically necessary to protect your life or health. If you receive Medicaid or have health insurance, your provider must cover critical family planning services, including contraception and abortion services at no additional cost.

9 Pregnancy, Childbirth & Breastfeeding It is unlawful for an employer to treat you less favorably in the workplace on the basis of pregnancy, childbirth, or a related medical condition. This type of treatment is a form of sex discrimination. An employer is also prohibited from discriminating against workers for pumping breast milk at work and you have the right to take breaks to do so. Depending on your situation, you may have the right to additional workplace protections to adjust your working conditions or to take paid or unpaid leave if needed.

10 Paid Family Leave If you have worked enough days and hours, you have the right to paid, job-protected leave to care for a newborn, a newly adopted child, or a sick family member, or to address certain family needs that result from military deployment. You may also have the right to other forms of leave to assist you with caring for yourself and your family.

11 Child Care Assistance & Protections for Caregivers It is unlawful for an employer to discriminate against you because you have children. Based on your income, you may be eligible for child care assistance to help you get or keep a job. 12 Public Benefits Based on your income, you may be eligible for critical public benefits, including cash assistance, food assistance, free healthcare, and housing assistance. If your benefits are denied or terminated, you must be informed in advance and have an opportunity to contest the determination. if you do not speak English and need assistance, you can request language assistance (translation and interpretation).

13 Protecting Our Rights Together You may have certain rights and opportunities to organize, join a union, and take action with other workers to improve your pay and working conditions without being punished by your employer. 11 © 2024 Legal Momentum © 2024 Legal Momentum 1111

Sex and Gender Discrimination: You have the right not to be discriminated against at work on the basis of your sex or gender. This right is fundamental and encompasses many of the specific protections below. The law also protects you based on your gender identity, sexual orientation, and familial status..

1122. © 2024 Legal Momentum. Sex and Gender Discrimination: No country can ever truly flourish if it stifles the potential of its women and deprives itself of the contributions of half of its citizens.” – Michelle Obama, Lawyer & Former First Lady of the United States © 2024 Legal Momentum.

Sex and Gender Discrimination work on the basis of your sex or gender. This right is fundamental and encompasses many of the specific protections below. The law also protects you based on your gender identity, sexual orientation, and familial status. No country can ever truly flourish if it stifles the potential of its women and deprives itself of the contributions of half of its citizens.” – Michelle Obama, Lawyer & Former First Lady of the United States 1122 © 2024 Legal Momentum © 2024 Legal Momentum

What is Sex or Gender Discrimination?

Sex and gender discrimination are still a common reality, and

• Assigns women in the workplace to lower paying jobs. This can

they can occur in many different ways. You may be a victim of occur in many types of workplaces, including at the office, on unlawful discrimination if you are treated differently than other the farm, or in the service industry. applicants or employees and that treatment negatively impacts your employment or application for employment by an employer • Denies a request for an accommodation for a pregnancy- or potential employer, because of your gender, gender identity, related medical condition when similar accommodations are and/or sexual orientation. provided to non-pregnant workers for other medical conditions.

Note that sex discrimination includes conduct covered in certain • Pays a male worker with similar training and work experience sections that follow, such as sexual harassment, unequal pay more than a female worker doing the same work. based on sex or gender, and pregnancy discrimination. Those sections provide more detailed guidance on those forms of • Makes women, rather than men do tasks historically assigned discrimination. to women, like making the coffee for the office or cleaning up.

Sex or gender discrimination comes in many forms. Some • Issues an employee a poor performance evaluation due to the examples of discrimination may include the following scenarios fact that the employee is perceived as lacking femininity or where an employer: masculinity or is not “conforming” to a gender role.

• Hires a man over a woman with the same qualifications. • Engages sexual harassment (see next section on sexual

harassment).

• Refuses to hire you for a position, telling you that women aren’t

physically strong enough for the job. NOTE: Depending on the size of your employer, other forms

• Has a practice of promoting men with less experience when of discrimination are also prohibited, some of which often

overlap with sex- or gender-based discrimination, including there are women with more experience. discrimination based on age, race, color, national origin, religion, disability, and family status.

Who is Protected by the Law?

Generally, all employers are covered, although exceptions do exist. DOMESTIC WORKERS: Domestic workers, even those working as the sole employee, are protected against sex Anywhere in the United States, you have the right to work in discrimination.5 an environment free from sex discrimination if you work for NYC: In New York City, employers are also prohibited from an employer with 15 or more employees, including private discriminating against you because you are a caregiver.

employers, government employers, employment agencies, and You are a caregiver if you are responsible for caring for a labor organizations.1 young child, a covered relative (such as your spouse, partner, parent, sibling, grandchild, or grandparent), or a person who In New York State, sex discrimination is prohibited if it is based on resides in your household who relies on you for medical care your gender (including actual or perceived gender identity), familial and assistance.6 status, or sexual orientation regardless of the number of individuals IMMIGRATION STATUS: Although an employer can employed by your employer.2 The law specifically protects women refuse to hire you if you do not have work authorization,7 planning on having a family (for example, women who are trying to once you are hired, it is unlawful for your employer to get pregnant or adopt), and also protects trans women and others discriminate against you based on your sex (or other factors within the LGBTQ community. such as race or ethnicity), regardless of your immigration status. This applies even if you don’t have work authorization.

The law now extends protections to non-employees such as It is also against the law for your employer to threaten to contractors, vendors, and consultants.3 report you to authorities if you file a complaint or try to assert your legal rights to protect yourself from sex discrimination. New York State law now makes clear that protections against In short, once you are hired, it is unlawful for your employer discrimination in employment extend to all state and local government to use your immigration status against you if you seek employees throughout the executive, judiciary, and legislative branches, to report workplace discrimination or to penalize you for including the staff of elected officials and judges.4 doing so.8 Federal law also protects certain individuals

from employment discrimination based on national origin or be entitled to the same remedies in court.13 immigration/citizenship status.9 For example, while the law does not protect “unauthorized aliens,” it does protect U.S. It is unlawful for an employer to retaliate against you for citizens, recent permanent residents, asylees, and refugees. exercising your rights under these laws; however, that does The law prohibits employers from discriminating against not mean that your employer will not penalize you.

individuals based on their citizenship or immigration status in If you think your rights have been violated, contact a legal hiring, firing, recruitment, and referral for a fee. For example, advocate or an attorney to determine the best way to protect you may have suffered unlawful discrimination if you were not yourself. For assistance, visit the Additional Resources hired for a job or fired from one because you are a non-citizen section at the end of this Toolkit.

with work authorization and an employer chooses not to hire you or keep you on because it does not want to “deal with the hassle” of completing additional paperwork. DOMESTIC WORKERS: If you are a domestic worker In conducting its employment verification, an employer (e.g., someone working for another person in a private must accept any document you present from the designated home caring for children, an elderly person, or a person verification list so long is it reasonably appears to be genuine with a disability, or someone providing home care services, and relates to you and not another person. Employers are house cleaning, cooking, or gardening services), New York prohibited from demanding only specific documents, from State prohibits employers from discriminating against and requiring more documents than required by the government, harassing you on the basis of your gender.14 or from requiring an applicant to submit documents before accepting a job offer. For more information, including the list of acceptable documents, visit: https://www.uscis.

FARMWORKERS: Note that if you are a farmworker, gov/i-9-central/employee-rights-resources/preventing- certain labor laws may not apply to you. However, you are discrimination. covered by anti-discrimination laws, and it is unlawful for your employer to discriminate against or harass you because Both New York State and New York City also prohibit you are a woman or based on your race, ethnicity, national discrimination based on immigration or citizenship status.10 origin, or any other protected category.

You also have certain privacy protections. For example, if you file a federal, state, or local discrimination complaint in NOTE: Certain laws only apply to workers classified as New York State, the agency or the court should not ask you “employees.” However, just because you are not considered an about your immigration status and you can assert your right to privacy if they do.11 “employee” by your employer does not mean that you are not covered as an “employee” under the law. If you have questions NYC: In New York City, city agencies and law enforcement are about whether a law applies to you, speak with a lawyer or prohibited from asking you about your immigration status or legal advocate. One common misconception (which employers disclosing your status, except in limited circumstances.12 use to their advantage) is that whatever your employer calls you—for example an “independent contractor”—is what you are Note that if you decide to file a complaint or take legal under the law. That may not be true for you depending on the action, you are equally protected by the law but you may not circumstances of your employment.

What are My Legal Rights?

In New York State, if you are covered by the law, the law prohibits or locations), or deny or limit your access to advancement and your employer from treating you negatively because 1 you training opportunities. If you believe you are being discriminated against and you you have, or are responsible for caring for, a young child. For report it to your employer, your employer has a responsibility to the unfavorable treatment to qualify as prohibited conduct, investigate your complaint and correct any discrimination in a it must negatively impact the “terms and conditions” of your timely manner.

employment. This means that your employer cannot use one of the characteristics above to decide to not hire you, or to fire you, RETALIATION: Employers are legally prohibited from engaging demote you, deny a promotion, pay you less, change your work in “retaliation” (punishing you) if you address or challenge duties or conditions in a bad way (such as schedules, shifts, discrimination. This includes: reporting discrimination, helping your 14 © 2024 Legal Momentum noitanimircsiD xeS

What Can I Do to Assert My Rights?.

Each time a woman stands up for herself, without knowing it possibly, without claiming it, she stands up for all women.” — Maya Angelou, Poet and Civil Rights Activist If you believe you have been discriminated against in the or if it includes extra protections. If you are in a union, contact workplace, there are various actions you can take to advocate your union representative to find out about the union’s policies, for yourself. ways they can advocate on your behalf, and any additional protections they may have negotiated on your behalf. CONSULT WITH COLLEAGUES: Speak with trusted SEEK LEGAL GUIDANCE EARLY: If you think you have been colleagues regarding their workplace experiences. Talking subjected to sex discrimination in the workplace, you should with co-workers is a good way to identify broader or similar contact an attorney or legal services organization early in the problems. process. Sometimes simply informing your boss about the law can solve the problem. Existing law is also complicated and REVIEW YOUR WORKPLACE POLICY, EMPLOYMENT imposes certain procedural requirements, reporting deadlines, CONTRACT, AND/OR UNION CONTRACT: If you feel you and legal standards that you must meet in order to bring a claim. have been the victim of sex discrimination in the workplace, New laws are also creating new legal protections of which you you should obtain a copy of your workplace policy, if one exists, may be unaware. Many non-profits provide free consultations so that you know the procedure to follow and how to make a and may be able to provide free or low-cost legal assistance complaint. Your employer may provide stronger protections depending on your income or status. An attorney or advocate can provide you with necessary legal advice, help determine if you than what is in the law. If you have a contract or some form of have a valid complaint, and help you figure out a strategy. employment agreement, review that as well to determine if it places any limitations on how you can challenge your employer For guidance or a referral, contact Legal Momentum’s Helpline: © 2024 Legal Momentum © 2024 Legal Momentum.

coworkers to report, working with other employees to challenge While retaliation is illegal, your employer may still do it. Engaging discrimination in the workplace, filing a discrimination complaint or in retaliation is a separate violation of the law, meaning that, lawsuit, or participating in an internal or external investigation. in some cases, even if an employer is found not to have discriminated against you, if they retaliated against you, that is In New York State, “retaliation” is defined as any negative employment action taken by the employer. In other words, your still illegal—and they may still be required to pay damages.

employer cannot fire you, demote you, suspend you, cut your pay or Note, however, that even if you have complained of discrimination work hours, assign you more difficult work duties, or start issuing you must still comply with workplace rules, and you can still be poor performance evaluations to punish you for reporting sex subject to discipline or penalized for poor performance or for discrimination. Retaliation can also include more intensive or critical supervision, surveillance, or bad-mouthing you to your coworkers. breaking workplace rules.

As of March 16, 2022, the law specifies that it is “retaliation” if your employer leaks your personnel file in response to you NOTE: In New York, workers are generally employed “at challenging discrimination.15 will,” which means that you can be fired at any time for almost any reason or for no reason, so long as it is not for NYC: In New York City, “retaliation” is defined more broadly an illegal reason such as discrimination or retaliation based because it is not just limited to a negative employment action on a protected classification like sex or gender. However, and, instead, includes any action taken by the employer you may not be an “at will” employee if you are covered to discourage you, or any other employee, from reporting discrimination. Therefore, for immigrants and migrant workers, by a union or if you have an employment contract that it is unlawful for an employer to threaten to report you to establishes different standards. In that situation, you may immigration authorities if you report discrimination. have greater protections than an “at will” employee.

noitanimircsiD xeS Each time a woman stands up for herself, without knowing it possibly, without claiming it, she stands up for all women.” — Maya Angelou, Poet and Civil Rights Activist If you believe you have been discriminated against in the or if it includes extra protections. If you are in a union, contact workplace, there are various actions you can take to advocate your union representative to find out about the union’s policies, for yourself. ways they can advocate on your behalf, and any additional protections they may have negotiated on your behalf.

CONSULT WITH COLLEAGUES: Speak with trusted SEEK LEGAL GUIDANCE EARLY: If you think you have been colleagues regarding their workplace experiences. Talking subjected to sex discrimination in the workplace, you should with co-workers is a good way to identify broader or similar contact an attorney or legal services organization early in the problems. process. Sometimes simply informing your boss about the law can solve the problem. Existing law is also complicated and REVIEW YOUR WORKPLACE POLICY, EMPLOYMENT imposes certain procedural requirements, reporting deadlines, CONTRACT, AND/OR UNION CONTRACT: If you feel you and legal standards that you must meet in order to bring a claim.

have been the victim of sex discrimination in the workplace, New laws are also creating new legal protections of which you you should obtain a copy of your workplace policy, if one exists, may be unaware. Many non-profits provide free consultations so that you know the procedure to follow and how to make a and may be able to provide free or low-cost legal assistance complaint. Your employer may provide stronger protections depending on your income or status. An attorney or advocate can provide you with necessary legal advice, help determine if you than what is in the law. If you have a contract or some form of have a valid complaint, and help you figure out a strategy.

employment agreement, review that as well to determine if it places any limitations on how you can challenge your employer For guidance or a referral, contact Legal Momentum’s Helpline: © 2024 Legal Momentum

(212) 925-6635, ext. 650 or help@legalmomentum.org. (EEOC): https://www.eeoc.gov//field/newyork/charge.cfm. DOCUMENT THE DISCRIMINATION: Discrimination Act quickly because the law imposes strict deadlines for filing can be difficult to prove and employers can often justify a formal complaint with local, state, and federal agencies and negative treatment by pointing to factors other than an for bringing a lawsuit. In New York State, if you want to file employee’s gender. To strengthen your case, you should a federal complaint with the EEOC, you generally must do so document everything that happens in detail as early as within 300 calendar days from the date the discrimination took possible (including names, dates, places, times, witnesses, place. To file a state complaint with the New York State Division and the nature of any incident). Your documentation should of Human rights, you generally must file your complaint within include, if possible, the names and treatment of employees of one year from the date the discrimination took place. However, the opposite (or favored) gender so that you can better prove for acts that occurred after February 15, 2024, you may now file the difference in treatment. Keep a paper trail of relevant a complaint within 3 years from the date the discrimination took evidence, including threats of retaliation. Save copies of any place. Local agencies have different deadlines as well. Keep in and all evidence that relates to your complaint such as copies mind, however, that figuring out the deadline that applies to you of emails, text messages, written letters or notes, voicemails, can be a complex determination, involving various factors, so and photos. Save and print copies of all documentation and consult an attorney for guidance.

keep electronic and/or hard copies on a personal device or a The sooner you compile your documentation and file your folder that you maintain at home in case you are terminated complaint, the better—even if the discrimination is still ongoing or have to leave work and can no longer access your work (you can always supplement a complaint with additional computer or files.

instances if necessary). Depending on where you file, the agency can take different forms of action, such as helping you REPORT INTERNALLY: Once you notify your employer of mediate the dispute, investigating your employer, requiring workplace discrimination, your employer has a responsibility to your employer to change practices, imposing fines, awarding act quickly to take reasonable steps to correct the problem and damages, prohibiting your employer from firing or terminating prevent it in the future. In fact, your employer may be legally you, or ordering your employer to rehire you if you were fired.

responsible if it does not take adequate corrective measures to address the discrimination. Therefore, if you want your You can file a complaint with an administrative agency on your employer to take action or if you seek to hold your employer own. However, if you can obtain legal representation, having accountable, it is important that you report the discrimination to the assistance of a lawyer can help you comply with legal your employer. If you decide not to report discrimination to your requirements and put the strongest complaint forward.

employer, you may not be able to raise legal claims against your employer. FILE A LAWSUIT: If you feel like your employer did not appropriately address your discrimination complaint, you can If and when you are ready to report discrimination to your file a lawsuit against your employer under federal, state, and/or employer, start by requesting a copy of your workplace policy local law. To do so, you may have to meet certain prerequisites to find out the procedures to follow and who to contact. If or follow certain procedures. For example, if you want to file your workplace does not have a policy, start by reporting to a federal suit under Title VII of the Civil Rights Act for sex Human Resources or your supervisor (if s/he is not the one who discrimination, you must first file a complaint with the EEOC. If discriminated against you). In a small business setting, this may you choose to only bring claims under New York State law, you be the only avenue for reporting. If you belong to a union, you do not need to file a complaint with an administrative agency can contact your union representative for additional guidance.

before going to court, however, you should consult an attorney You should keep a clear record of the complaint you filed and or legal advocate to determine which option is best for you. your employer’s response, so try to submit everything in writing and request decisions in writing. If your employer refuses to If you file a lawsuit in federal or state courts, there are various provide written decisions, you should keep a written record, types of remedies you can obtain, including lost wages, future either by memorializing your verbal conversations in emails or wages, out-of-pocket expenses, and compensatory damages by keeping detailed notes of your verbal conversations.

for emotional distress. You may now also be eligible to obtain punitive damages (damages that exceed compensation and FILE AN ADMINISTRATIVE COMPLAINT: If you feel like are intended to serve as a penalty) and attorney’s fees in state your employer did not appropriately address your discrimination court.16 complaint, you can contact or file a formal administrative complaint with the following agencies: Keep in mind that bringing a lawsuit can be a complicated,

• Your local fair employment agency costly, and lengthy process, so you should consult an attorney

or a legal services organization to help you assess your claim

• The New York State Division of Human Rights (NYS-DHR):

and to find out what steps you must follow. As noted above, https://dhr.ny.gov/contact-us. you may be able to obtain free or low-cost legal assistance

• The federal Equal Employment Opportunity Commission depending on your income or status.

Sexual Harassment: You have the right to a workplace free of sexual harassment and abuse. Sexual harassment is a form of sex discrimination..

17. © 2024 Legal Momentum. Sexual Harassment: I watched her walk away from me as she tried to recapture her secrets and tuck them back into their hiding place. I watched her put her mask back on and go back into the world like she was all alone and I couldn’t even bring myself to whisper...Me too.” – Tarana Burke, Founder of the #MeToo Movement © 2024 Legal Momentum 1177.

You have the right to a workplace free of sexual harassment and abuse. Sexual harassment is a form of sex discrimination. I watched her walk away from me as she tried to recapture her secrets and tuck them back into their hiding place. I watched her put her mask back on and go back into the world like she was all alone and I couldn’t even bring – Tarana Burke, Founder of the #MeToo Movement 17 © 2024 Legal Momentum © 2024 Legal Momentum 1177

What is Workplace Sexual Harassment?

Sexual harassment is a form of sex discrimination. It is unlawful sending sexually explicit emails or voicemails, or displaying under federal, state, and local laws and it includes harassment pornography, sexually explicit images, or written materials. E.g., on the basis of your sex (as perceived or self-identified), sexual your co-worker regularly stares at you at work and tells you orientation, gender expression, gender identity, and transgender “you’re looking really good” or texts you pornographic images; status.

or, you are a domestic worker and your employer regularly Sexual harassment includes unwelcome physical or verbal walks around the house in a towel or in minimal clothing. conduct based on your sex that negatively impacts your work, is a term or condition of employment, or creates a hostile work • Sex stereotyping, talking about a gender in a derogatory way, or environment. If you are an applicant or employed, you may be the issuing gender-based work assignments. E.g., you are regularly victim of sexual harassment if you are subjected to the following:

scolded at work by your supervisor who tells you that men

• Unwelcome sexual advances, including unwanted touching are just smarter than women or makes you, but not your male

or comments of a sexual nature. E.g., you feel uncomfortable coworker, get him coffee every morning. because your co-worker keeps telling you that you look pretty or sexy. NOTE: Conduct that occurs outside the workplace can still

• Requests for sexual favors and/or threats to take negative or

be sexual harassment depending on if and how it affects positive action, depending on how you respond to the request. your work. Just because you engaged in a consensual E.g., your boss threatens to notify immigration authorities, romantic or sexual relationship with a co-worker or felt to fire you, or to assign you to another location or position if you do not go out on a date with him or if you do not engage pressured to do so because of fear of losing your job, you in certain sexual acts. E.g., you were hired to provide house are not obligated to continue that relationship.

cleaning services and then asked to provide a massage for your employer. Additionally, acts of sexual harassment do not have to be directed at you. For example, sexual harassment could

• Unwanted physical or verbal conduct that creates a hostile

work environment such as sexually offensive comments be the result of a poster on a co-worker’s wall or from or jokes, gestures, leering or staring, using sexual slurs, comments between coworkers made in passing.

Who is Protected by the Law?

In New York State and New York City, all employers must comply now apply to all employers, regardless of the size of your with laws that prohibit sexual harassment, so you have the right employer. to be free from sexual harassment regardless of the size of your employer, regardless of your immigration status, and even if IMMIGRATION STATUS: You have the same right you are the only person who works for your employer such as a to work in an environment free from sexual harassment domestic worker.17 In New York State, protections now apply to regardless of your immigration status. Of course, your anyone who provides services in a workplace based on a contract, employer may still unlawfully retaliate against you for including contractors, subcontractors, vendors, consultants, or reporting so you should seek assistance from a lawyer or anyone providing services in the workplace. Protected individuals advocate to determine how best to respond. For assistance, include independent contractors, “gig” workers, temporary visit the Additional Resources section at the back of this workers, and persons providing equipment repair or cleaning Toolkit.

services. Note also that if you are an immigrant victim of certain NOTE: The law in New York State now protects against crimes, you may qualify for a special visa to stay in the harassment not just based on your sex or gender but based country and obtain a green card. For example, you may on any protected characteristics such as race and national qualify for a U Visa if you are an immigrant victim of origin.18 This also applies to domestic workers.19 certain violent or sexual crimes and you are willing to assist law enforcement in a criminal investigation or NYC: In New York City, protections against harassment prosecution. Alternatively, you may qualify for a T Visa to based on your gender-identity, including sexual harassment, obtain lawful status and employment authorization if you 18 © 2024 Legal Momentum tnemssaraH lauxeS

are a survivor of sex or labor trafficking and you are willing sexual harassment because you may fear that your employer to assist law enforcement in a criminal investigation and/or will fire you. If you are subjected to sexual harassment or prosecution. For more information, visit the Department of encounter unsafe or uncomfortable conditions, document Labor: https://www.dol.gov/general/immigration/u-t-visa or the behavior (see the next section for more guidance on contact an attorney with expertise in immigration matters. how to document). Even if you do not think the conduct is serious enough to meet the legal definition but it makes you feel uncomfortable, you can take steps to try to address it.

DOMESTIC WORKERS: If you are a domestic worker Consider reaching out to the National Domestic Workers (i.e., someone working for another person caring for children Alliance or a local community based group or worker center or an elderly person, keeping a home, or doing other domestic for assistance to help you strategize about how to address jobs in the home), then you are covered by protections that prohibit sexual and other forms of harassment. It is unlawful the problem without leaving your job. See our Additional for your employer to threaten or base your employment on Resources section for more information.

your submission to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual FARMWORKERS: If you are a farmworker in New York nature.20 State, you are equally covered by the protections against If you are a domestic worker, it can be difficult to report sexual harassment described above.21

What are My Legal Rights?

In New York State, you have the right to work in an environment impacts your job. In New York City, however, retaliation includes any free from sexual harassment, which is a form of sex action taken by the employer which could discourage you, or other discrimination.22 employees, from reporting sexual harassment.

Your employer must ensure that sexual harassment does not Note that while retaliation is illegal, your employer may still do it. negatively impact your employment, meaning your employer cannot Retaliation is a separate offense so your employer could be found fire you, refuse to hire you, pay you less, or reduce your work hours guilty of punishing you for reporting sexual harassment even if based on how you respond to sexual harassment at work. your employer is not found guilty of the sexual harassment itself.

As a result, your employer may be required to pay you damages. This also means that your employer or other actors (e.g., executives, managers, supervisors, co-workers, or clients) are Note, however, that you must still comply with legitimate prohibited from engaging in unwelcome sexual conduct that workplace rules, and you can still be subject to discipline or creates a hostile working environment. Note that conduct does adverse action for non-compliance or poor performance.

not have to be “severe or pervasive.” While conduct must still be In other words, it is unlawful for your employer to fire you, demote more than “petty slights or trivial inconveniences”, based on the you, suspend you, cut your pay or work hours, assign you more new standard in New York State, your employer cannot subject difficult work duties, or start issuing poor performance evaluations you to inferior terms, conditions, or privileges of employment.23 to punish you for reporting sex discrimination. Retaliation can also Your employer not only has a responsibility to refrain from sexual include more intensive or critical supervision, surveillance, or bad- harassment, it has a duty to investigate complaints. Your employer mouthing you to other employees.

must take immediate and appropriate action to correct sexual POLICIES & TRAINING: In New York State, all employers harassment and must also take reasonable steps to prevent it. must now adopt a sexual harassment prevention policy and must Failure to do so means your employer is violating the law. conduct an annual interactive training on sexual harassment.24 NYC: If you work for an employer in NYC, conduct similarly Your employer’s policy must set forth clear steps on how and to does not have to be severe or frequent to create a hostile whom you can report and must include a written form that you work environment. Thus, if an employer treats you less well can complete to report sexual harassment. Your employer must than your co-workers because you rejected the employer’s also include a procedure to ensure your complaint is investigated sexual advances or requests, you may have a claim under the confidentially and in a timely manner, and in a way that is fair law in New York City. to all parties. The policy must also provide you with information regarding the applicable laws and on how to file a lawsuit or file RETALIATION: It is unlawful for your employer to engage in a complaint with an administrative agency. You should review “retaliation” (punish you) for reporting sexual harassment, objecting this policy to see what steps your employer must take to combat to sexual harassment (for example, providing support to a co- sexual harassment in the workplace. Your employer must provide worker who reports sexual harassment), filing a complaint or you with a copy of its policy and training material in English and lawsuit, or participating in an investigation. Remember, in New York in your primary language when you are hired and annually during State, retaliation is prohibited if it results in action that negatively your training.25 tnemssaraH lauxeS

While taking action can be intimidating, you should never have workers, and intervene. The more people who speak out to work in an environment where you are subjected to sexual to combat sexual harassment in your workplace, the less harassment, which can result in anxiety, depression, fear, and isolating and acceptable it becomes. If you are a supervisor disempowerment. If you have concerns or believe your rights and you receive a complaint about sexual harassment, find have been violated, there are various actions you can take to out what steps you must take and report the conduct so that advocate for yourself. Consider contacting an advocate for appropriate actions can be taken by your employer. assistance to strategize ways to address sexual harassment and if you want to report, to figure out how to navigate the FILE AN ADMINISTRATIVE COMPLAINT: If you made a process with your employer and beyond. sexual harassment complaint with your employer and feel like your employer did not take corrective action to address it, you You can contact Legal Momentum’s Helpline at can file a formal administrative complaint with your local fair (212) 925-6635, ext. 650 or help@legalmomentum.org or visit employment agency, the New York State Division of Human our Additional Resources section at the end of this Toolkit. Rights (https://dhr.ny.gov/contact-us), and/or the federal Equal Employment Opportunity Commission (EEOC) (https://www. In addition to the general guidance in Section 1, consider the eeoc.gov//field/newyork/charge.cfm). You must do so quickly following: in order to comply with applicable reporting deadlines. As of MAKE CLEAR THAT SEXUAL HARASSMENT IS July 14, 2022, the New York State Division of Human Rights UNWELCOME: It is important to make clear that sexual will operate a toll-free confidential hotline for complaints of workplace sexual harassment, which can connect you with pro harassment is unwelcome. Even if you submitted to certain bono attorneys who can advise you of your legal rights.26 You behavior in the past, you can always change course and make can reach the hotline at 1-800-HARASS-3. it known that the behavior is unwanted. In New York State, if you want to file a federal complaint with DOCUMENT THE HARASSMENT: You may have to show the EEOC, you generally must do so within 300 calendar days that conduct was frequent or severe, so try to document from the most recent date of the harassment. To file a state everything that happens in detail. complaint with the New York State Division of Human rights, you CONTACT LAW ENFORCEMENT, IF NECESSARY: generally must file your complaint within one year from the date Keep in mind that certain acts such as unwanted physical of the harassment. As of August 12, 2020, you will have three touching, forced confinement, or forced sex acts may rise years from the date of harassment to file any sexual harassment to the level of a crime, which can be reported to local police complaint at the state level.27 Local agencies have different and can result in the criminal prosecution of your harasser. deadlines as well. And certain localities like New York City If you are working without work authorization and concerned provide longer filing deadlines for sexual harassment claims. about how reporting will affect you, contact a lawyer or legal Keep in mind, however, that figuring out the deadline that advocate. See the Additional Resources section at the end of applies to you can be a complex determination, involving various factors, so consult an attorney for guidance. this Toolkit for more information. INTERVENE IN SUPPORT OF OTHERS: You do not need As of March 3, 2022, under federal law, you have the right to to be the victim of sexual harassment in order to report it sue for sexual harassment or sexual assault in court even if you or take action. If you are a bystander who witnesses sexual previously signed an arbitration agreement with your employer harassment, it is important to speak up, support your co- that requires you to resolve a dispute in arbitration.28.

For more information, visit: https://www.ny.gov/programs/ work, and how to appropriately address sexual harassment combating-sexual-harassment-workplace. complaints. All employers in NYC must post an anti-sexual harassment poster outlining rights and responsibilities under NYC: Starting on April 1, 2019, If you work for a city agency or the law. If you work for a city agency, your employer must a private employer in New York City with 15 or more employees, now report annually on the number of sexual harassment your employer’s annual anti-sexual harassment training must complaints received and the outcomes of those complaints. This include information about bystander intervention. Your employer must also train supervisory and managerial employees on their information will be publicly available on the NYC Commission on responsibility to prevent sexual harassment and retaliation at Human Rights’ website.

20 © 2024 Legal Momentum tnemssaraH lauxeS to work in an environment where you are subjected to sexual to combat sexual harassment in your workplace, the less harassment, which can result in anxiety, depression, fear, and isolating and acceptable it becomes. If you are a supervisor disempowerment. If you have concerns or believe your rights and you receive a complaint about sexual harassment, find have been violated, there are various actions you can take to out what steps you must take and report the conduct so that advocate for yourself. Consider contacting an advocate for appropriate actions can be taken by your employer.

assistance to strategize ways to address sexual harassment and if you want to report, to figure out how to navigate the FILE AN ADMINISTRATIVE COMPLAINT: If you made a process with your employer and beyond. sexual harassment complaint with your employer and feel like your employer did not take corrective action to address it, you You can contact Legal Momentum’s Helpline at can file a formal administrative complaint with your local fair (212) 925-6635, ext. 650 or help@legalmomentum.org or visit employment agency, the New York State Division of Human our Additional Resources section at the end of this Toolkit. Rights (https://dhr.ny.gov/contact-us), and/or the federal Equal Employment Opportunity Commission (EEOC) (https://www.

In addition to the general guidance in Section 1, consider the eeoc.gov//field/newyork/charge.cfm). You must do so quickly following: in order to comply with applicable reporting deadlines. As of MAKE CLEAR THAT SEXUAL HARASSMENT IS July 14, 2022, the New York State Division of Human Rights UNWELCOME: It is important to make clear that sexual will operate a toll-free confidential hotline for complaints of workplace sexual harassment, which can connect you with pro harassment is unwelcome. Even if you submitted to certain bono attorneys who can advise you of your legal rights.26 You behavior in the past, you can always change course and make can reach the hotline at 1-800-HARASS-3.

it known that the behavior is unwanted. In New York State, if you want to file a federal complaint with DOCUMENT THE HARASSMENT: You may have to show the EEOC, you generally must do so within 300 calendar days that conduct was frequent or severe, so try to document from the most recent date of the harassment. To file a state everything that happens in detail.

complaint with the New York State Division of Human rights, you CONTACT LAW ENFORCEMENT, IF NECESSARY: generally must file your complaint within one year from the date Keep in mind that certain acts such as unwanted physical of the harassment. As of August 12, 2020, you will have three touching, forced confinement, or forced sex acts may rise years from the date of harassment to file any sexual harassment to the level of a crime, which can be reported to local police complaint at the state level.27 Local agencies have different and can result in the criminal prosecution of your harasser. deadlines as well. And certain localities like New York City If you are working without work authorization and concerned provide longer filing deadlines for sexual harassment claims.

about how reporting will affect you, contact a lawyer or legal Keep in mind, however, that figuring out the deadline that advocate. See the Additional Resources section at the end of applies to you can be a complex determination, involving various factors, so consult an attorney for guidance. this Toolkit for more information.

INTERVENE IN SUPPORT OF OTHERS: You do not need As of March 3, 2022, under federal law, you have the right to to be the victim of sexual harassment in order to report it sue for sexual harassment or sexual assault in court even if you or take action. If you are a bystander who witnesses sexual previously signed an arbitration agreement with your employer harassment, it is important to speak up, support your co- that requires you to resolve a dispute in arbitration.28

Equal Pay: The law prohibits employers from paying you less because of your sex or gender. This type of treatment is a form of sex discrimination. Your employer is also prohibited from punishing you for discussing or disclosing rates of pay with your colleagues, and, depending on where you work, an employer may be prohibited from asking about or relying on your prior salary to set your new salary..

21. © 2024 Legal Momentum. Equal Pay: We still are not paid equally. And if you believe that it’s a myth, do the math. Unequal pay hurts women. It hurts their families. And it hurts us all. You and I have to continue fighting for equal pay for equal work. I get up each day with that on my mind, because I need to make a difference.” – Lilly Ledbetter, Plaintiff in Ledbetter v. Goodyear Tire & Rubber Co., which resulted in Congress passing the Lilly Ledbetter Fair Pay Act of 2009 © 2024 Legal Momentum 21.

The law prohibits employers from paying you less because of your sex or gender. This type of treatment is a form of sex discrimination. Your employer is also prohibited from punishing you for discussing or disclosing rates of pay with your colleagues, and, depending on where you work, an employer may be prohibited from asking about or relying on your prior salary to set your new salary.

We still are not paid equally. And if you believe that it’s a myth, do the math. Unequal pay hurts women. It hurts their families. And it hurts us all. You and I have to continue fighting for equal pay for equal work. I get up each day with that on my mind, because I need to make a difference.” – Lilly Ledbetter, Plaintiff in Ledbetter v. Goodyear Tire & Rubber Co., which resulted in Congress passing the Lilly Ledbetter Fair Pay Act of 2009

What Qualifies as Unequal Pay?

You should never be paid less because you are a woman. you (like many women) were paid less in your past job and your Receiving lower pay based on your sex or gender is a form of employer asked about your prior salary and used that salary as sex discrimination. All too often, however, women are paid less a basis to set your new salary when hiring you.

than their male colleagues doing similar work, and they are often unaware of this fact because workers are discouraged from • Although you have the same title and job responsibilities as sharing or discussing salaries. Moreover, since women have your male colleague, your employer pays him more, claiming he historically made less money, women often start new positions has more experience, even though you know that he previously at a lower salary and with less bargaining power than their male worked in a different field and had less relevant experience than peers when negotiating their new salary. This trend further you do. Or, your employer pays him more telling you, “He has a depresses salaries for women. family to support.” There are various ways in which an employer may engage in • Your employer gives your male coworker, who has the same title, discriminatory pay practices. a raise but decides not to give you a raise, despite your similar years of experience, because you took parental leave or worked Below are a few of many examples: part-time to care for a child. You employer may even say, “Let’s wait to talk about raises until you have come back full-time.”

• Your employer pays you less than your male colleague because

Who is Protected by the Law?

Federal law prohibits all employers from engaging in pay NYC: In New York City, pay discrimination is illegal as a form discrimination based on gender.29 New York State law of gender discrimination under the New York City Human prohibits employers from engaging in pay discrimination Rights Law, which covers both private and government based on gender. NYS law now also prohibits pay employees who work for employers with discrimination based on any other protected characteristic.30 4 or more employees.31

What are My Legal Rights?

Equal Pay fide factor other than sex,” they must demonstrate that the factor is not based on a sex-based differential, is job-related, and is Under federal and state laws, you can bring an equal pay consistent with business necessity. complaint as well as a sex discrimination complaint. Under the Even if they prove this, you can still win, if you can show that the equal pay laws (unlike the anti-discrimination laws) you do not practice has a disproportionate impact on the basis of your sex, need to prove that your employer intentionally discriminated that your employer could have served the same purpose without against you on the basis of your sex or gender.

causing that impact, and that your employer refused to adopt Covered employers are prohibited from paying you a lower rate of such an alternative practice.34 Your employer may be responsible pay than a male colleague if you are doing substantially equal work for correcting the pay differential and may be responsible for (under federal law) or substantially similar work (under New York additional damages if it violates the law.

State law) taking into account skill, effort, and responsibility on jobs DISCUSSING SALARIES: In New York State, employers are performed under similar working conditions.32 Protections cover all also prohibited from stopping or preventing you from asking forms of compensation including salary, overtime pay, bonuses, stock about, discussing, or disclosing pay with your co-workers and options, profit sharing, life insurance, and other benefits.

cannot punish you for doing so. Your employer can still pay you a different rate based on factors PAY TRANSPARENCY: As of November 2022, employers such as seniority, merit, quantity or quality of production, or a in New York City with four or more employees, or one or more “bona fide factor other than sex, such as education, training, or domestic workers, must disclose the minimum and maximum experience,” which are job-related.33 If your employer raises one salary in any advertisement for a job, transfer, or promotion of these factors as a defense, be sure to do your own assessment opportunity. Failure to do so constitutes discrimination under of your education, training, or experience. You may be able to New York City Human Rights Law, and you can file a complaint raise factors that your employer was not considering. Additionally, about employers that fail to post their salary range with the NYC if your employer claims that your lower pay is based on a “bona Commission on Human Rights.35 22 © 2024 Legal Momentum yaP lauqE

If you have concerns or believe that your rights have been ADVOCATE FOR YOURSELF: Many women often assume violated, there are various actions you can take to advocate they will be rewarded based on merit and hard work and are for yourself. In addition to the general guidance in Section 1, well into their careers before they realize that their colleagues consider the following: (often men) received raises because they actively requested them. If you believe that you deserve a raise, speak with your SPEAK TO YOUR CO-WORKERS: Because many supervisor and request one. Be prepared to discuss the work employers have historically relied on job applicants’ salary that you do, your responsibilities, accomplishments, skills, history to set the salary for a new position and because men performance, the ways in which you have excelled, and the have historically been paid more, on average, than women, you value you bring to the workplace. may be making less than your male colleagues. If you have concerns that you are being paid less than a male colleague NOTIFY YOUR EMPLOYER AND REQUEST THAT who is doing the same or similar type of work, one option is THE PAY DIFFERENTIAL BE CORRECTED: If you learn to ask your co-worker about his salary. Note that your co- that you are being paid less than a male co-worker and you worker is not obligated to disclose this information and may don’t think there is a valid rationale for the pay differential, choose not to do so. Also be aware that while employers are then you should speak to your supervisor and request that it legally prohibited from retaliating against you for speaking be corrected. Before doing so, try to get as much information to your coworkers about salary, this does not mean that your as you can about your male co-worker’s past experience, employer will follow the law. Your employer may still engage in your titles, classifications, and the responsibilities and skills retaliation. required in your job description. © 2024 Legal Momentum © 2024 Legal Momentum.

As of September 17, 2023, employers in New York State with you can try to reframe the conversation by discussing your salary four or more employees must also disclose the compensation expectations based on the requirements and responsibilities of the or compensation range for any job, promotion, or transfer job, noting that they differ from your prior work, and ask questions opportunity, as well as a job description (if one exists). You can about the salary range set for the position.

file a complaint about employers that fail to post their salary NYC: For more information, visit: https://www1.nyc.gov/site/ cchr/media/salary-history-frequently-asked-questions.page. Requesting or Relying Upon Prior Salary Note that certain localities, including New York City, Westchester County, Suffolk County, and Albany County passed their own Because women have been paid less, on average, than men over salary history laws, which may include stronger protections.

time, various localities and now New York State have passed RETALIATION: It is illegal for an employer to engage in laws that limit an employer’s ability to ask and/or rely upon “retaliation” (to punish you) for reporting pay discrimination, applicants’ salary history during the hiring process. The purpose sharing salary information, filing a complaint or lawsuit, or of these laws is to stop the cycle of inequality from continuing by participating in an investigation. In other words, your employer preventing employers from relying on prior salary disparities to is prohibited from firing you, demoting you, suspending you, set applicants’ future salaries.

cutting your pay or work hours, assigning you more difficult As of January 6, 2020, if you are applying for a job in New York work duties, or starting to issue poor performance evaluations State, regardless of the size of your employer, it is illegal for to punish you for reporting discrimination. Retaliation can also an employer to ask you how much you were paid in your prior include more intensive or critical supervision, surveillance, or positions during the hiring process or to rely upon your salary bad-mouthing you to other employees.

history to determine your salary during the hiring process.37 Note that even though retaliation is illegal, your employer Keep in mind, that certain exceptions may apply based on your may still do it. Retaliation is a separate offense from pay employment status, contract, or collective bargaining agreement.

discrimination. Therefore, even if a court determines that there An employer can still ask you about your expectations regarding was no pay discrimination, if an employer retaliated against salary and benefits. While you should not be prompted, you are you, they have violated the law and may be required to pay you permitted to voluntarily disclose your prior salary, which can then damages and attorneys’ fees.

be taken into account by an employer. Keep in mind that you can still be subject to discipline or If asked about your salary history, you can report the violation to penalized for poor performance or breaking legitimate your local fair employment agency. During the hiring process, if workplace rules insofar as your employer’s actions are not you are asked an impermissible question about your salary history, based on your sex or gender.

violated, there are various actions you can take to advocate they will be rewarded based on merit and hard work and are for yourself. In addition to the general guidance in Section 1, well into their careers before they realize that their colleagues consider the following: (often men) received raises because they actively requested them. If you believe that you deserve a raise, speak with your SPEAK TO YOUR CO-WORKERS: Because many supervisor and request one. Be prepared to discuss the work employers have historically relied on job applicants’ salary that you do, your responsibilities, accomplishments, skills, history to set the salary for a new position and because men performance, the ways in which you have excelled, and the have historically been paid more, on average, than women, you value you bring to the workplace.

may be making less than your male colleagues. If you have concerns that you are being paid less than a male colleague NOTIFY YOUR EMPLOYER AND REQUEST THAT who is doing the same or similar type of work, one option is THE PAY DIFFERENTIAL BE CORRECTED: If you learn to ask your co-worker about his salary. Note that your co- that you are being paid less than a male co-worker and you worker is not obligated to disclose this information and may don’t think there is a valid rationale for the pay differential, choose not to do so. Also be aware that while employers are then you should speak to your supervisor and request that it legally prohibited from retaliating against you for speaking be corrected. Before doing so, try to get as much information to your coworkers about salary, this does not mean that your as you can about your male co-worker’s past experience, employer will follow the law. Your employer may still engage in your titles, classifications, and the responsibilities and skills retaliation. required in your job description.

Speaking to your employer about pay discrimination can be difficult, but it can be easier if you are prepared. During this NOTE: When you tell your employer the above, conversation, you will want to highlight that you do equal remember, you are automatically protected under the work, have equal responsibilities, work under substantially law. This means that it is illegal for your employer to similar conditions, and that you have equivalent or fire you, discipline you, cut your hours, cut your pay, or complementary skills and experience compared to your male do anything negative to your employment because you requested equal pay or inquired about it. If your employer colleague(s). Be prepared to provide some of the following does take any of the above actions, it has violated the information:

law. While retaliation is illegal, your employer may still do

• Explain that you discovered you were being paid less than it. You may have to take administrative or legal action to

your male colleague even though you both perform equal protect your rights. If your employer fails to correct the work. problem, you may be entitled to additional damages if you decide to challenge the pay discrimination in court.

• Explain how your job duties and responsibilities are the

same when compared to your male colleague’s job duties

File A Lawsuit Or An Administrative

and responsibilities. COMPLAINT ABOUT UNEQUAL PAY: If you feel like you

• Highlight your skills and experience and ways in which they were subjected to pay discrimination, you can file a state or

are superior, equivalent, or complementary to your male federal lawsuit under the state and federal equal pay laws. colleague’s experience. If you also want to file an employment discrimination claim under Title VII, you will first need to file a discrimination

• If it is helpful, raise your job performance and highlight ways

complaint with the federal Equal Employment Opportunity in which you have excelled in the position. Commission (EEOC). Depending on the nature of the pay discrimination, you may You can also file a formal administrative complaint with: the want to do the following: New York State Department of Labor (https://dol.ny.gov/ salary-historypay-equity), the New York State Division of

• Ask your employer to raise your pay so it is equal to your

Human Rights (https://dhr.ny.gov/contact-us), the EEOC male colleague’s pay by the next pay period. (https://www.eeoc.gov/employees/charge.cfm), or your local

• Ask your employer to correct the pay disparity retroactively, fair employment agency.

meaning that they pay you the difference of what you should have been earning going back to when the pay disparity NOTE: You should consult a lawyer or legal services began. organization to get guidance on how and where to

• If your employer refuses to correct the situation, ask them to file your complaint because there are often complex

provide their rationale for why they think the pay differential considerations involved and you often must file quickly in order to comply with applicable reporting deadlines. is fair (preferably in writing). For example, if you file your complaint with one of the

• If your employer refuses to correct the situation, find out if

agencies above, you may not be able to file with others there is an appeal process or equal opportunity office with and you may not be able to file a lawsuit later on. which you can file a complaint.

Filing A Complaint To Challenge A Salary

DOCUMENT ANY COMPLAINTS: Keep a record of HISTORY REQUEST: Under New York State law, you may your request by putting it in writing as an email or a formal challenge a salary history request by bringing a lawsuit or filing complaint. You should also try and get a response from your a complaint with the New York Department of Labor. Visit:

employer that is in writing. This record can serve as written https://dol.ny.gov/salary-historypay-equity.38 If you work for evidence if you decide to file a discrimination complaint an employer in New York City who improperly inquired about or lawsuit. Take notes about your verbal conversations or relied upon your prior salary in setting your salary, you can so that you have a record of what was said during these file a complaint with the NYC Commission on Human Rights, conversations.

Minimum Wage & Fair Wage Practices: You have the right to be paid for your work. It is illegal for your employer to steal your wages, pay you below the state minimum wage, or force you to work for no wages..

25. © 2024 Legal Momentum. Minimum Wage & Fair Wage Practices: Women are valued very low, and so is their work. . . . There is a pattern of discrimination against women that . . . we expect to address, as we act to end all forms of discrimination against women.” – Phumzile Mlambo-Ngcuka, UN Under-Secretary-General and Executive Director of UN Women © 2024 Legal Momentum 25.

Minimum Wage & Fair Wage Practices your employer to steal your wages, pay you below the state minimum wage, or force you to work for no wages. Women are valued very low, and so is their work. . . . There is a pattern of discrimination against women that . . . we expect to address, as we act to end all forms of discrimination against women.” – Phumzile Mlambo-Ngcuka, UN Under-Secretary-General and Executive Director of UN Women

What is the Minimum Wage?

It is important that you make sure you are being paid in The New York State Department of Labor also provides accordance with the law. In New York State, the minimum wage summaries by industry: will increase by 50 cents each year on January 1 until January FARMWORKERS: https://dol.ny.gov/system/files/ 1, 2026. After that, annual minimum wage increases will be tied documents/2024/02/part190.pdf to the rate of inflation.39 Note that there is a lower hourly wage, referred to as the subminimum wage, for workers in tipped HOSPITALITY AND RESTAURANT WORKERS: https://dol.

industries such as the restaurant industry. ny.gov/system/files/documents/2024/02/part146.pdf To calculate the minimum wage that currently applies to you, use BUILDING SERVICE: https://dol.ny.gov/system/files/ the State’s interactive web tool: https://www.ny.gov/new-york- documents/2024/02/part141.pdf states-minimum-wage/new-york-states-minimum-wage. NAIL SALON WORKERS: https://dol.ny.gov/nail-salon- industry To find out the minimum wage in your locality, visit the wage map:

https://www.dol.gov/whd/minwage/america.htm. OTHER INDUSTRIES: https://dol.ny.gov/system/files/ documents/2024/02/part142.pdf

What are My Legal Rights?

REGULAR & TIMELY PAYMENTS: Your employer does not If you are terminated, you must be notified in writing of the date have the right to choose whenever they want to pay you or to of termination and the date of cancellation of your benefits.51 skip payments and pay you later. You have the right to be paid If you report a violation of this requirement, employers can regularly and in a timely manner.40 Laws and regulations for be fined for failing to provide proper notice of wages or pay different industries may impose specific requirements governing statements.

when and how often you must receive your paycheck. Most workers should be paid twice a month on a regular (designated) HOSPITALITY WORKERS: If you work in the pay day.41 Salespeople who work on commission should be paid hospitality industry, your employer must also provide you at least once a month.42 Manual workers must be paid at least once a week and not more than a week after wages are earned.43 with a new pay notice each time your pay rate changes, whether it goes down or up.52 Your notice should tell you your hourly rate of pay, overtime rate, the amount of tip credit (if DOMESTIC WORKERS: If you are a domestic worker any) to be taken from the minimum hourly rate, and state that in NYS working directly for a family, you must be paid once a week.44 extra pay is required if tips are insufficient to bring your wage up to the basic minimum hourly rate.53 NOTICE OF WAGES: If you work for a private employer, you The Tip Credit is a fixed amount that your employer can must receive certain notices regarding your pay. Upon hire, your take out of the minimum wage before tips. If your salary, employer must inform you in writing of your rate of pay; the once supplemented by tips, does not reach the minimum basis of your pay; your regular pay day; whether you will be paid wage, your employer must pay you extra (“top up” your by the hour, shift, day, week, salary, piece, commission, or other wages) to ensure your hourly salary reaches the minimum measurement; when you will be paid; and whether any allowances wage. Employers often “forget” to do this—or claim it is too will be claimed from your salary.45 The employer must also difficult—which is illegal.

provide the address and telephone number of the main office.46 This notice must be provided in writing in English and in your primary language if it is Spanish, Haitian Creole, Russian, CONSTRUCTION: If you work in the construction Polish, Chinese, or Korean.47 industry, contractors and subcontractors who were You must receive a pay statement every time you are paid.48 You previously found to have failed to pay wages must provide must also be given written notice prior to any reduction in your written notice of these violations to all current employees.

rate of pay or any increases, unless the increase is reflected in These notices should be part of your wage statements.54 your pay statement.49 You must also be notified in writing or by public posting of your PAYING YOU THE PROPER WAGE: It is illegal for your employer’s policy on sick leave, vacation, personal leave, holidays, employer to pay you less than the state minimum wage (or and hours.50 subminimum wage if you work in a tipped industry).55 This applies 26 © 2024 Legal Momentum secitcarP egaW riaF egaW muminiM

to all workers even if you lack work authorization or are paid off are prohibited from requiring nurses to work beyond these the books, in cash, or paid hourly/daily/weekly.56 If you are a regularly scheduled work hours, although nothing in the law member of a union, your union may have negotiated a higher prohibits an employer from regularly scheduling a nurse to wage, in which case your employer must pay you the salary work more than 40 hours a week.60 For more information, agreed to by your union. Certain exclusions may apply based on visit: https://dol.ny.gov/mandatory-overtime-nurses.

the type of work that you do. WAGE THEFT: Employers are required to pay all workers for all HUMAN TRAFFICKING: If you have been forced, threatened, hours worked. This is true regardless of your immigration status or induced to work against your will, you may be the victim or whether you have legal work authorization. It is illegal for any of human trafficking, which is illegal under federal and state employer to steal any employee’s wages. There are many ways law.61 Victims of human trafficking are often subjected to your employer may try to do so. For example, your employer various abusive practices, including being forced to work is prohibited from withholding full or partial wages; taking out without pay, being forced to work to pay off a debt, or being any additional deductions that are not required by law; taking denied payment on the ground that the employer provides your tips; making you work off-the-clock; paying you with bad housing. For example, it is illegal for your employer to keep checks; failing to pay you overtime; and deducting wages for your passport, immigration papers, or other identifying trainings or equipment. For tipped workers, this also means that documentation. If you believe that you are the victim of human if your salary, after tips, does not reach the minimum wage, your trafficking, you can contact an advocate for assistance at the employer must pay you to make up the difference to ensure your National Human Trafficking Resource Center: 888-373-7888 or salary meets the minimum wage for all hours worked. report your case to the New York State Department of Labor Department of Immigrant Policies and Affairs: 877-466-9757, Keep in mind, your employer can only take deductions that are trafficking@labor.ny.gov, https://dol.ny.gov/human-trafficking.

required by law, such as payroll taxes and wage garnishments, or that you have authorized in writing for your benefit, such There are a range of additional services that the state may as for insurance premiums, health benefits, or union dues.57 provide, including emergency temporary housing; assistance Examples of illegal deductions are deductions for breakages, recovering unpaid wages; job placement and skills training; cash shortages, fines, losses to the business, charges for check legal assistance; immigration assistance, including help replacement, and overcharges for paid family leave premiums. establishing permanent residence through special visas for victims of human trafficking; mental and physical health OVERTIME: Most workers are entitled to extra pay when they services; counseling; assistance accessing public benefits; work beyond their standard work schedule, which means that if translation and interpretation; and criminal or civil action you work more than 40 hours a week, you must get paid extra against the trafficker.

(1.5 times your normal pay) for each hour you work in excess of 40 hours.58 This is called overtime pay. Certain categories BENEFITS: Under current state law, many employers are not of workers are not yet covered by this requirement, including required to provide health insurance, pensions, paid vacation, government employees, executive employees, professional or expenses. However, if your employer commits to providing employees, and part-time babysitters. However, if you are in a certain benefits, either verbally or in writing, or they are union, your union may have negotiated some type of overtime included in your employment contract, your employer must benefits on your behalf, so you should check with your union provide them. Your employer’s failure to provide such benefits representative. when they have been promised is an example of illegal wage theft.

FARMWORKERS: As of January 1, farmworkers who RETALIATION: An employer is prohibited from engaging in work more than 56 hours per week must get paid overtime “retaliation” or punishing you for reporting a wage violation. (1.5 times your regular rate of pay) for each hour worked If you report that you were not properly paid for working beyond 56.59 overtime, or that you are not receiving the minimum wage,

• 52 hours on or after January 1, 2026, an employer cannot legally retaliate against you. Retaliation

• 48 hours on or after January 1, 2028, includes any negative employment action, such as firing

• 44 hours on or after January 1, 2030, you, suspending you, giving you a verbal or written warning,

• 40 hours on or after January 1, 2023. or changing your work schedule to give you unfavorable or

unwanted shifts. While retaliation is illegal, it is unfortunately not uncommon. If an employer retaliates against you for NURSES: Overtime for nurses is covered under a reporting a wage violation, you can file a complaint with different provision. Under Section 167 of the New York State the Department of Labor. Your employer may be required to Labor Law, healthcare employers must set a predetermined reinstate you if you were fired and may have to pay damages regularly scheduled number of work hours that a nurse and/or fees to cover the cost of your attorney.62 has agreed to work, including prescheduled on-call time and time spent for the purposes of communicating shift reports regarding patient status. Health care employers 27 © 2024 Legal Momentum secitcarP egaW riaF egaW muminiM

If you have concerns or believe that your rights have been you can speak to your employer about the violation, file a violated, there are various actions you can take to advocate complaint with the New York State Department of Labor, or for yourself. In addition to the general guidance in Section 1, file a state or federal lawsuit. consider the following: Consider contacting an attorney or legal advocate for KEEP TRACK OF YOUR WAGES: It is important that guidance and to help you figure out a plan that is best for you keep track of your wages to ensure that your employer you. While it is illegal for your employer to retaliate against is paying you your full wage. Your employer may pay you you for filing a complaint, that does not mean that it will properly at first and then slowly start to take unexplained not happen. Many employers do engage in retaliation. It is deductions or pay you more irregularly. Therefore, you should good to speak to an advocate so that you are aware of the review your paystubs regularly and ask your employer about risks. It is also useful to speak with an attorney to discuss any deductions that you don’t understand. Although keeping the best strategy for you. In some cases, filing a state or track of your wages can take time and may be complicated, federal lawsuit may be more beneficial than filing a complaint especially if you are paid per day or per project, it’s important with the Department of Labor. Depending on the nature of to keep a record each day, week, or couple of weeks, so that the violation, you may be entitled to broader legal remedies you know whether you are being paid fairly and in accordance in court. For example, in court the law allows workers with the law. Keep track of the amounts that you are paid, the to seek unpaid wages going back 6 years, which may be dates that you are paid, and any deductions that are taken advantageous if you were the victim of wage violations over from your pay. Keep a written record either in a notebook or a longer period. in notes on your phone, highlighting any irregularities. This will help you if you need to report wage theft later on. To contact the Department of Labor about filing a complaint, call: 1-888-4-NYSDOL (1-888-469-7365). If you don’t speak GET ASSISTANCE: If you believe that your employer is not English, they will provide language assistance upon your paying you fairly but you 1 need assistance to verify your request. Note that your employer may be guilty of a crime for concerns, 2 are afraid to report the violation and you need violating the above requirements.65 If the Department of Labor additional guidance, or 3 need help filing a complaint, then obtains a judgment against your employer, a portion of that consider contacting a local advocate or seeking assistance judgment must go to you if you were the employee harmed by from your local worker center. Visit the Additional Resources your employer’s actions. Additional penalties and reporting section at the back of this Toolkit for a list of Worker Centers requirements may apply to employers who have engaged in in New York State. repeat offenses or who have engaged in willful, or egregious REPORT WAGE THEFT, FILE A COMPLAINT, OR FILE violations. As of May 20, 2024, freelance workers can also file A LAWSUIT: If you believe that your employer is stealing complaints with the Department of Labor against hiring parties your wages or violating other state wage requirements, that fail to pay them.66.

you can speak to your employer about the violation, file a complaint with the New York State Department of Labor, or file a state or federal lawsuit.: Consider contacting an attorney or legal advocate for guidance and to help you figure out a plan that is best for you. While it is illegal for your employer to retaliate against you for filing a complaint, that does not mean that it will not happen. Many employers do engage in retaliation. It is good to speak to an advocate so that you are aware of the risks. It is also useful to speak with an attorney to discuss the best strategy for you. In some cases, filing a state or federal lawsuit may be more beneficial than filing a complaint with the Department of Labor. Depending on the nature of the violation, you may be entitled to broader legal remedies in court. For example, in court the law allows workers to seek unpaid wages going back 6 years, which may be advantageous if you were the victim of wage violations over a longer period..

KEEP TRACK OF YOUR WAGES: It is important that you keep track of your wages to ensure that your employer s paying you your full wage. Your employer may pay you properly at first and then slowly start to take unexplained deductions or pay you more irregularly. Therefore, you should eview your paystubs regularly and ask your employer about any deductions that you don’t understand. Although keeping rack of your wages can take time and may be complicated, especially if you are paid per day or per project, it’s important o keep a record each day, week, or couple of weeks, so that you know whether you are being paid fairly and in accordance with the law. Keep track of the amounts that you are paid, the dates that you are paid, and any deductions that are taken rom your pay. Keep a written record either in a notebook or n notes on your phone, highlighting any irregularities. This will help you if you need to report wage theft later on.: GET ASSISTANCE: If you believe that your employer is not paying you fairly but you 1 need assistance to verify your concerns, 2 are afraid to report the violation and you need additional guidance, or 3 need help filing a complaint, then consider contacting a local advocate or seeking assistance rom your local worker center. Visit the Additional Resources section at the back of this Toolkit for a list of Worker Centers n New York State..

KEEP TRACK OF YOUR WAGES: It is important that you keep track of your wages to ensure that your employer s paying you your full wage. Your employer may pay you properly at first and then slowly start to take unexplained deductions or pay you more irregularly. Therefore, you should eview your paystubs regularly and ask your employer about any deductions that you don’t understand. Although keeping rack of your wages can take time and may be complicated, especially if you are paid per day or per project, it’s important o keep a record each day, week, or couple of weeks, so that you know whether you are being paid fairly and in accordance with the law. Keep track of the amounts that you are paid, the dates that you are paid, and any deductions that are taken rom your pay. Keep a written record either in a notebook or n notes on your phone, highlighting any irregularities. This will help you if you need to report wage theft later on.: REPORT WAGE THEFT, FILE A COMPLAINT, OR FILE A LAWSUIT: If you believe that your employer is stealing your wages or violating other state wage requirements,.

IMMIGRATION STATUS: The law requires that you HOME CARE WORKERS: As of October 1, 2022, the hourly receive overtime pay regardless of your immigration status. minimum wage for home care aides will increase by $2 and will increase further in subsequent years. For more information see: https://dol.ny.gov/system/files/documents/2023/11/ DOMESTIC WORKERS: If you are a domestic worker, p105-home-health-aide-11-23-23.pdf you are entitled to receive minimum wage and overtime pay if you work more than 40 hours. This applies even if you are a live-in worker and you are being paid a set salary. There may be FARMWORKERS: If you are a farmworker, you are some differences in the amount of overtime you are entitled to covered by minimum wage requirements unless you are under depending on the type of work you do. 17 years old and employed on the same farm as your parent or guardian. The minimum wage applies to piece-rate jobs as well as regular wage jobs.63 In addition, when you are hired, your FOOD DELIVERY WORKERS: NYC has set its own minimum employer must provide you with a farm work agreement that wage for delivery workers, which will be adjusted each year for inflation. For the current minimum rate, see https://www.nyc. must list your pay rate, type of work, housing arrangement, gov/site/dca/workers/workersrights/Delivery-Workers.page. hours of work, and benefits.64 28 © 2024 Legal Momentum secitcarP egaW riaF egaW muminiM violated, there are various actions you can take to advocate complaint with the New York State Department of Labor, or for yourself. In addition to the general guidance in Section 1, file a state or federal lawsuit.

consider the following: KEEP TRACK OF YOUR WAGES: It is important that guidance and to help you figure out a plan that is best for you keep track of your wages to ensure that your employer you. While it is illegal for your employer to retaliate against is paying you your full wage. Your employer may pay you you for filing a complaint, that does not mean that it will properly at first and then slowly start to take unexplained not happen. Many employers do engage in retaliation. It is deductions or pay you more irregularly. Therefore, you should good to speak to an advocate so that you are aware of the review your paystubs regularly and ask your employer about risks. It is also useful to speak with an attorney to discuss any deductions that you don’t understand. Although keeping the best strategy for you. In some cases, filing a state or track of your wages can take time and may be complicated, federal lawsuit may be more beneficial than filing a complaint especially if you are paid per day or per project, it’s important with the Department of Labor. Depending on the nature of to keep a record each day, week, or couple of weeks, so that the violation, you may be entitled to broader legal remedies you know whether you are being paid fairly and in accordance in court. For example, in court the law allows workers with the law. Keep track of the amounts that you are paid, the to seek unpaid wages going back 6 years, which may be dates that you are paid, and any deductions that are taken advantageous if you were the victim of wage violations over from your pay. Keep a written record either in a notebook or a longer period.

in notes on your phone, highlighting any irregularities. This will help you if you need to report wage theft later on. To contact the Department of Labor about filing a complaint, call: 1-888-4-NYSDOL (1-888-469-7365). If you don’t speak English, they will provide language assistance upon your paying you fairly but you 1 need assistance to verify your request. Note that your employer may be guilty of a crime for concerns, 2 are afraid to report the violation and you need violating the above requirements.65 If the Department of Labor additional guidance, or 3 need help filing a complaint, then obtains a judgment against your employer, a portion of that consider contacting a local advocate or seeking assistance judgment must go to you if you were the employee harmed by from your local worker center. Visit the Additional Resources your employer’s actions. Additional penalties and reporting section at the back of this Toolkit for a list of Worker Centers requirements may apply to employers who have engaged in in New York State.

repeat offenses or who have engaged in willful, or egregious REPORT WAGE THEFT, FILE A COMPLAINT, OR FILE violations. As of May 20, 2024, freelance workers can also file A LAWSUIT: If you believe that your employer is stealing complaints with the Department of Labor against hiring parties your wages or violating other state wage requirements, that fail to pay them.66

Economic Opportunity: It is unlawful for a lender or financial institution to deny you a loan or financing based on your sex or gender. Resources are available to help you find a job; improve your finances; start a business; and obtain education, language, and skills trainings to get a job, including jobs in higher paying fields..

29. © 2024 Legal Momentum. Economic Opportunity: My sisters, black and white…. We have really come too far to, again, be danced backwards into what others consider to be our place. Our place here and now is in America’s mainstream, and the upper swifter currents of the mainstream where we can assume greater responsibilities and collect the greater rewards that we are due.” —Shirley Chisholm, First black woman elected to the United States Congress, representing New York’s 12th Congressional District, and the first woman to run for the Democratic Party’s presidential nomination © 2024 Legal Momentum 29.

Economic Opportunity you a loan or financing based on your sex or gender. Resources are available to help you find a job; improve your finances; start a business; and obtain education, language, and skills trainings to get a job, including jobs in higher paying fields. come too far to, again, be danced backwards into what others consider to be our place.

Our place here and now is in America’s mainstream, and the upper swifter currents of the mainstream where we can assume greater responsibilities and collect the greater rewards that we are due.” —Shirley Chisholm, First black woman elected to the United States Congress, representing New York’s 12th Congressional District, and the first woman to run for the Democratic Party’s presidential nomination

What Do We Mean by Economic Opportunity?

Women have long been discriminated against in our economy, LOCAL RESOURCES: Check with your local government about which may mean that whether you are trying to find employment, similar resources to help connect you to jobs in your areas. find a higher paying job, or start your own business, you may face NYC: In NYC, for example, the NYC Department of Small unique obstacles.

Business Services provides resources to connect individuals Whether or not you have prior work experience, it can be difficult to better jobs in New York City, offering workshops and to get a job, especially in your field of choice. To get a job, counseling to help develop job readiness skills, including you may need assistance creating a resume and cover letter, developing your resume package and preparing for preparing for an interview, or getting work-appropriate clothing.

interviews. The Department also holds recruitment events Or, you may need to obtain a certain level of education or acquire and offers special services for veterans and individuals certain skills, training, or language ability. If you are looking to seeking employment after leaving the criminal justice start your own business, you may need help figuring out where to system. You can contact your local Workforce1 Career Center begin or how to get the money, licenses, and general information to find out more about available services: https://www1.nyc.

necessary to start and maintain a business. gov/site/sbs/careers/prepare-for-an-interview.page. Improving your financial situation often requires access to The Department also offers training programs for in- economic opportunity; fair and equal treatment; and access to demand occupations in different sectors and locations resources, services, and assistance that gives you a chance to across New York City and offers grants to cover the cost of improve your financial condition. If you are a woman trying to tuition, registration fees, testing fees, and books. For more improve your economic stability, it’s important that you are aware information and to find out if you are eligible, visit https:// of certain resources and legal protections that exist to help you www1.nyc.gov/site/sbs/careers/access-training.page.

navigate the process and to put you on equal footing. Job Placement Specific Protections for Certain Applicants If you are actively looking for a job, you can speak with a career advisor at your local New York State Career Center. To find your APPLICANTS WITH A CRIMINAL RECORD: You may local Career Center, visit: https://labor.ny.gov/career-center- have trouble getting a job if you have had contact with the locator/. You can also search for positions using the New York State Job Bank: https://newyork.usnlx.com.

or more employees are prohibited from hiring or retaining an employee because of a past conviction unless the conviction Job Readiness bears a direct relationship with the job in question.67 Before If you are trying to find a job or change careers, there are denying employment, employers must analyze an applicant’s resources available to help you start that process. Whether you conviction by applying factors listed in Article 23-A of the New are interested in creating a cover letter and resume, preparing York Corrections Law. In addition, Employers must provide a for an interview, learning about educational opportunities such copy of Article 23-A, along with the analysis for the employment as earning your high school Diploma or GED or going back to decision to the applicant.68 Additionally, employers cannot school, or learning about specialized training or skill-building inquire about an arrest or criminal accusation that is no longer opportunities to start a new career, you can contact your local pending, was resolved in favor of the applicant or employee, or Career Center for information on available resources and speak resulted in a sealed conviction.69 with a career counselor, who can guide you through the process.

NYC: In New York City, employers with 4 or more employees New York State offers resources such as assistance with resume are prohibited from inquiring about your criminal background writing, interview preparation, job search strategies, salary or conducting a background check until after they have made negotiations, training classes, educational opportunities, and also a conditional job offer.70 If an employer asks about your hosts job fairs. For more information, visit: https://www.ny.gov/ criminal record after a conditional offer and then rescinds services/find-job#resources.

the offer, they must provide a copy of your record and explain To find your local Career Center, visit: https://labor.ny.gov/career- why and show how your record would undermine your center-locator/. ability to fulfill the job duties or show how it would create an unreasonable risk.71 For more information about the different programs available, https://dol.ny.gov/training-opportunities.

Adult Education: English Language, IMMIGRATION STATUS: Federal law protects certain individuals from employment discrimination based on Literacy, Test Prep, and Career & national origin, immigration status, or citizenship status.72 Technical Training For example, while the law does not protect “unauthorized aliens,” it does protect U.S. citizens, recent permanent The NYS Office for New Americans provides various resources, residents, asylees, and refugees. The law prohibits including information about ESOL (English-for-Speakers-of-Other- employers from discriminating against individuals based Languages) trainings that are available across New York State:

on their citizenship or immigration status in hiring, firing, https://dos.ny.gov/office-new-americans. Check with your local recruitment, and referral for a fee. For example, you may government to see if they provide additional adult education have suffered unlawful discrimination if an employer opportunities.

tells you it prefers hiring citizens because it doesn’t want to deal with the hassle of hiring non-citizens with work NYC: If you live in New York City, you may be eligible to authorization, or if it requires you to submit verification receive Adult Education. Adult education in NYC includes documents before making you an offer, or if it demands free classes for adults (age 21 and over), which are held more paperwork than is legally required when conducting during the day and at night on Mondays through Saturdays its employment verification. For more information, in all 5 boroughs. Classes cover English as a second including the list of acceptable verification documents, language, basic literacy, preparation for the High School visit: https://www.uscis.gov/i-9-central/employee-rights- Equivalency Assessment Exam, and career and technical resources/preventing-discrimination. education (computer literacy, health careers, technology, auto mechanics, carpentry, plumbing, and electrical training). If you are interested in Adult Education classes, visit: https:// Apprenticeships www.schools.nyc.gov/enrollment/other-ways-to-graduate/ adult-education/enroll-in-adult-education-classes.

Due to the long-term effects of discrimination, women often work in occupations where they are paid less. However, with the right NYC provides several additional resources to help learn skills, women can get higher paying jobs in other industries, often English. For example, the City has drop-in centers called referred to as “nontraditional fields” where women have typically Literacy Zones, that help families with limited English had less opportunity to work, such as construction, plumbing, and proficiency connect to classes and resources on housing, electrical work. Participating in training can help you gain skills legal, medical, and employment issues. To find a Literacy to help you get and hold down your first job, move up and earn a Zone drop-in center, visit: https://www.schools.nyc.gov/ higher salary in your existing job, or enter a new field with a higher enrollment/other-ways-to-graduate/adult-education.

salary. We Speak NYC, the City’s English language learning program, If you are interested in pursuing a career in a new field, the also provides various additional resources, such as online state has an apprenticeship program that allows you to learn videos, web, and printed materials, and free community a skilled trade through classroom education and on-the- classes in all 5 boroughs that help you learn English. To learn job training while getting paid. More than 100 occupations more, visit: https://wespeaknyc.cityofnewyork.us.

offer training through NYS Department of Labor Registered Managing Your Finances Apprenticeship programs. It is important to know that apprenticeship programs must select To improve your financial condition, it is important to make candidates based solely on the candidate’s qualifications, and is financially responsible decisions. This often requires a prohibited from discriminating against you on the basis of your better understanding of how certain things work like money gender, race, or national origin.73 management, budgeting, credit, debt, bank accounts, and interest.

To learn more, try searching for “financial literacy” courses in your To learn more about how to become an apprentice, visit: https:// area. Many of these courses are provided free of charge. www.labor.ny.gov/apprenticeship/general/registration.shtm. For resources on home buying, visit: https://esd.ny.gov/home- To find an apprenticeship opportunity, visit: https://dol.ny.gov/ buyer-financial-literacy-program.

apprenticeship/apprenticeship-announcements. NYC: If you live in New York City, the Financial Education You can also find out more information from your local field Network provides information and resources about financial office: http://www.acces.nysed.gov/aepp/apprenticeship- education programs and services, including classes and program.

workshops. You can also receive free one-on-one financial counseling by professionals in English and Spanish at a Financial Empowerment Center. Topics covered include getting a bank account, saving money, managing credit and debt, money management, and homeownership. For more information, visit: https://www.nyc.gov/site/dca/partners/ programs.page.

In New York City, you can also now open your own or other programs that could assist you with improving your SafeStart savings account, which has no overdraft fees, credit. no monthly fees if minimum balances are met, and a

Opportunities For Women & Minority-Owned

low minimum balance of $25 or less. You can open an BUSINESSES: If you are a woman looking to start a business account at a participating bank or credit union in NYC. For or if you already run a business In New York State, it is important more information, visit: https://www1.nyc.gov/site/dca/ to know that certain protections and benefits exist, including consumers/open-savings-account.page.

opportunities to obtain contracts with the state to sell goods and Starting a Small Business services. If you are seeking a contracting opportunity with the state, note If you are looking to start your own business, you may need that it is illegal for a state government agency to discriminate help figuring out where to start, including how to develop a against you because of factors such as your gender, race, or business plan and how to get the money, licenses, tax credits, national origin.76 Therefore, a government agency is prohibited and space to start or maintain your business. If you are looking from denying you a business or operating license, refusing to to start your own business in New York State, you can access renew a license, or revoking your license because you are a helpful resources on the State’s Business Express site, which women or an immigrant who is lawfully present.

includes guides, checklists, and support services: https://www. businessexpress.ny.gov. Additionally, if you are woman running your own business in New York State, you may be eligible to have your business certified as To run a business, you may be required to maintain or renew a minority and woman-owned business by the state’s Division of certain licenses, permits, or certifications on a regular basis.

Minority and Women’s Business Development. This certification Many licenses can be renewed online. To find out what can give you a better shot at obtaining a public contract with the regulations apply to your business and to get more information, state. For more information, and to find out about being certified, you can visit the Business Express site and use the Business visit: https://esd.ny.gov/doing-business-ny/mwbe.

Wizard: https://www.businessexpress.ny.gov/app/portal/ content/renewal_page. Depending on the type of business you run, you may be in a good position to apply for various contracting opportunities with state FINANCING: ACCESS TO CREDIT & LOANS: Women and local agencies. Visit their websites for more information.

seeking access to credit or loans often have a harder time getting approval from the bank, and, while it may not be LOCAL OPPORTUNITIES: Check with your local government obvious at the time, a credit card company, bank, or lender may to see if it provides similar opportunities for women- and be discriminating against you when they deny you credit or minority-owned businesses.

financing.74 NYC: New York City, for example, has a similar program When seeking credit or financing as a woman, it is illegal for a through its Minority and Women-owned Business Enterprise lender to deny you credit because of your sex, gender, marital (M/WBE) Program. The M/WBE Program also provides status, or because you receive workers’ compensation or minority and/or woman-owned businesses with access income or assistance from a public assistance program like to exclusive programs, networking events, and technical SNAP or cash assistance.75 Credit includes credit cards, small assistance to better compete for city contracts. To learn business loans, and mortgages. Lenders are also prohibited from more about applying to be certified with the M/WBE discouraging you from applying for credit or flatly rejecting your program, visit: https://nyc-business.nyc.gov/nycbusiness/ application, granting you a loan with less favorable terms (higher description/minority-and-womenowned-business- interest rate, fees, or minimum payments), or charging higher enterprise-certification-program-mwbe.

interest rates or fees because you are a woman. Through its WE Fund: Crowd program, NYC also offers to If you are denied credit or a loan, make sure to get detailed help women entrepreneurs raise crowdfunded loans of up to information regarding why you were denied and find out how $10,000 as well as provides loans with no-interest repayment you can challenge the determination if you believe you were terms for up to 42 months. The program provides courses discriminated against. If you believe you have been discriminated on topics such as leadership and how to seek funding, in against, either in the denial of financing or because you were multiple languages, as well as “How To” guides with tailored discouraged from applying, you can also file a complaint with the information for business owners who are considering federal Consumer Financial Protection Bureau at https://www. starting a salon, professional office, restaurant, convenience consumerfinance.gov/complaint/. store, grocery store, or laundromat. To learn more about how to take part in the program or to see what courses or There are, however, legal reasons why a lender may deny you resources are available, visit: https://we.nyc.

credit or a loan. For example, you may be denied for having an income that is too low, or debt that is too high, or a history of late New York City’s Department of Small Business Services payments, a low credit score, or little to no credit history. If this (SBS) also offers business courses, financing assistance, is the case, ask the bank if it has resources on financial literacy pro-bono legal services, and more in multiple languages 32 © 2024 Legal Momentum ytinutroppO cimonocE

throughout the city at no cost. To see what resources are For resources on worker cooperatives, visit: available, visit: https://www1.nyc.gov/site/sbs/businesses/ The U.S. Federation of Worker Cooperatives: https://usworker. businesses.page. coop/home/. USE OF CREDIT SCORES IN NYC: In New York City, it is Democracy at Work Institute: https://institute.coop.

also illegal for employment agencies or government agencies to request or use, for licensing or permitting purposes, information NYC: The City Council provides funds to organizations in the contained in the consumer credit history of an applicant, Worker Cooperative Business Development initiative. Find out licensee, or permittee.77 In other words, you cannot be denied a about these resources for worker cooperatives here: https:// license, nor denied the opportunity to work with an employment www1.nyc.gov/nycbusiness/article/worker-cooperatives. The agency, because you have a low credit score. New York City Network of Worker Cooperatives also provides leadership development, training programs, courses, and WORKER COOPERATIVES: An alternative option to starting a networking events, as well as a list of other organizations traditional business is to start a worker cooperative. In contrast that provide similar services. You can access or review these to traditional businesses that are hierarchically owned and resources here: https://nycworker.coop/home/.

managed, worker cooperatives are owned and controlled by the IMMIGRANT-OWNED BUSINESSES: If you do not have workers: the workers elect the board of directors, make business and are not eligible to obtain a Social Security number (SSN), decisions democratically, invest collectively in the business, and you can apply for an Individual Taxpayer Identification Number typically distribute a portion of the profits annually to all of the (ITIN), which is issued by the Internal Revenue Service. Both worker-owners based on their own determination. Further, worker resident and nonresident aliens may obtain ITINs regardless of cooperatives are committed to creating a non-exploitative immigration status. The ITIN allows taxpayers who don’t have economy by creating socially just jobs and supporting the a Social Security Number (SSN) to file income tax returns so community.

that you can comply with tax filing or reporting requirements. There are successful worker cooperatives in all industries, For more information, visit: https://www.irs.gov/individuals/ including healthcare, manufacturing, education, food/restaurant, individual-taxpayer-identification-number. plumbing, publishing, childcare, commercial and residential NYC: Under New York City’s Immigrant Business Initiative, cleaning, and other trades.

the NYC Department of Small Business Services offers By starting a cooperative, you have a voice that counts, more a range of resources to immigrant business owners and individuals looking to start a business.78 For example, the control over setting work hours and wages, leadership roles and City provides offers business courses, financing assistance, career advancement opportunities, and the ability to establish pro-bono legal services, and more in multiple languages healthier relationships with managers, co-workers, and the throughout the City at no cost. For more information, visit:

A Safe Workplace & Fair Working Conditions: You have the right to a safe workplace free from hazards that could cause you serious harm and free from coercive working conditions. Depending on your circumstances, you may also be entitled to certain fair work practices such as breaks, days of rest, sick time, leave, and fair scheduling..

3344. A Safe Workplace & Fair Working Conditions: It doesn’t matter which country we’re from, which language we speak, which color is our skin. We are human beings, we are women, and nobody is going to keep stepping on our dignity.” —Lupe Gonzalo, Leader Of The Coalition Of Immokalee Workers, A Worker-Based Human Rights Organization © 2024 Legal Momentum.

A Safe Workplace & Fair Working Conditions You have the right to a safe workplace free from hazards that could cause you serious harm and free from coercive working conditions. Depending on your circumstances, you may also be entitled to certain fair work practices such as breaks, days of rest, sick time, leave, and fair scheduling.

It doesn’t matter which country we’re from, which language we speak, which color is our skin. We are human beings, we are women, and nobody is going to keep stepping on our dignity.” —Lupe Gonzalo, Leader Of The Coalition Of Immokalee Workers, A Worker-Based Human Rights Organization © 2024 Legal Momentum

Workplace Hazards, Health & Safety Women face a range of workplace hazards and safety risks, many Women deserve safe workplaces and fair working conditions. of which are uniquely distinct to women.79 Examples of workplace This includes safe and sanitary workspaces, access to necessary hazards include: safety equipment, breaks, days of rest, and time to recover from illness, injury, and to care for family members. What makes a

• Exposure to toxic chemicals

workplace safe depends on where you work. Women working

• Heat and sun exposure in male-dominated industries face unique risks because their

• Injury from hazardous tools and machinery specific needs and requirements are often not met.80 For example,

your employer may be failing to comply with health and safety

• Injury from handling or lifting heavy objects

requirements if it refuses to provide you safety equipment that

• Exposure to dust, gasses, and mold fits, or refuses to provide you with protective gear that guards

against exposure to toxic chemicals, including pesticides.

• Work duties that cause musculoskeletal disorders

• Exposure to reproductive hazards It is important for you to know that regardless of where you work,

your employer must comply with workplace safety requirements

• Over-exhaustion

and may be subject to additional requirements that serve to

• Heightened risk of sexual assault improve working conditions.

What are My Legal Rights?

SAFE WORKPLACES: In the United States, you have the right, BREAKS & REST: Most workers are entitled to a meal break if regardless of your immigration status, to a safe and healthy you work enough hours per day, but you may not get paid for it.88 workplace free from hazards that could cause you serious If you work a shift of more than 6 hours (starting before 11 a.m.) physical harm.81 This includes: and work until 2 p.m., you must be given an uninterrupted lunch period of at least 30 minutes between 11 a.m. and 2 p.m.89

• The right to be trained in a language you understand.82

If you work in a factory, store, hotel, or restaurant in New York

• The right to work on machines that are safe.83

State, you are entitled to at least one full day of rest during each

• The right to be provided necessary safety gear.84

work week.90

• The right to protection against exposure to toxic chemicals,

excessive noise levels, and unsanitary conditions.85 DOMESTIC WORKERS: If you are a domestic worker,

• The right to review records regarding workplace injuries, you are entitled to one day of rest every 7 days, or overtime

illnesses, and test results for hazards.86 if you choose to work on your rest day.91 After one year of employment, domestic workers are also entitled to at least

• The right to be informed by your employer and given

3 paid rest days each year.92 These requirements apply information about any safety or health hazards that you are regardless of your immigration or work authorization status. exposed to in the workplace.87 You are also entitled to an unpaid meal break for at least For guidance and resources in New York State, visit the New 30 minutes if you work a shift of 6 hours or more. Note York Committee for Occupational Safety and Health: https:// that you can negotiate with your employer for more breaks, nycosh.org.

vacation, and sick time and can ask that these terms be included in a written agreement. CONSTRUCTION: If you are a woman working in the construction industry, you may face certain unique risks in addition to the general risks that may exist at your worksite. FARMWORKERS: In New York State, farmworkers For example, women may have difficulty obtaining personal are now legally entitled to at least 24 consecutive hours protective equipment (PPE) that fits properly or accessing of rest every week.93 24 hours spent at rest because of sanitary facilities. For more information on risks and ways weather or other circumstances counts as a day of rest. If to address them, visit: https://www.osha.gov/doc/topics/ you voluntarily decide not to take your day of rest, you are women/index.html. entitled to overtime pay (1.5 times your regular rate of pay) snoitidnoC gnikroW riaF ecalpkroW efaS A

eligible for workers’ compensation.94 If you are a migrant months.105 worker living in employer housing, your employer is required An eligible employee can take leave 1 for the birth and care of a to maintain your home in compliance with all sanitary, newborn child; 2 for the placement of a child through adoption health, and safety requirements.95 or foster care; 3 to care for an immediate family member (spouse, child, or parent) with a serious health condition; 4 to WAREHOUSE WORKERS: As of June 19, 2023, to address certain military family needs.106 distribution warehouse employers with 100 or more employees at a single location or 1,000 employees at one DISABILITY: Under New York State Law, employers must or more locations across New York, must give employees a provide disability benefits to eligible workers for off-the-job written description (in English and the employee’s primary injury or illness.107 If you qualify, you can receive 50% of your language) of each quota that employees are subject to. average weekly wage capped at the maximum benefit allowed.

This includes tasks to be performed within a defined period You can get more information or file a complaint with the NYS of time and consequences for not meeting the designated Workers’ Compensation Board: http://www.wcb.ny.gov/content/ quota. Employers are also prohibited from imposing a quota main/Workers/Workers.jsp.

system that prevents meal or bathroom breaks.96 WORKERS’ COMPENSATION: If you are injured while working or become ill as the result of workplace conditions, PAID SICK TIME: In New York State, employees accrue sick leave you can qualify for workers’ compensation, which is a form of at a rate of one hour of leave for every 30 hours worked. Employees insurance that covers a portion of your lost wages and medical of employers with 100 or more employees accrue up to 56 hours costs connected with your workplace illness or injury to assist you while you recover from your injury. Most workers qualify for employees accrue up to 40 hours of paid sick leave per year; and workers compensation and are eligible regardless of immigration status. For a list of workers who are not covered, visit: http:// hours of unpaid sick leave per year.97 Employees can use this leave www.wcb.ny.gov/content/main/Employers/Coverage_wc/ for their own mental or physical illness, injury, or health condition, empWhoNotCovered.jsp.

or that of a family member; for the diagnosis, care, or treatment of an illness, injury, or health condition; and for absences due to the employee or the employee’s family member being a victim of a FARMWORKERS: If you are a farmworker, you are eligible family offense, sexual offense, stalking, or human trafficking.98 Your for workers compensation benefits as of January 1, 2020.

employer also may offer more paid sick time than is required by law.99 Your employer cannot retaliate against you for requesting or You can get more information or file a complaint with the NYS using sick leave.100 Workers’ Compensation Board: http://www.wcb.ny.gov/content/ main/Workers/Workers.jsp. NYC: Employees who work in NYC are also entitled to paid sick days if they work for an employer with 5 or more employees, or The New York State Occupational Health Clinic Network, which 1 or more domestic workers. This leave can be used as it accrues, hosts state funded clinics throughout the state, offers specialized with no waiting period for new hires. Employees of employers with medical diagnoses, care, support, and evaluations for workers 4 or fewer employees earn unpaid sick leave.101 compensation claims for workers who get sick or are injured on the job. For more information, visit: https://www.health.ny.gov/ DOMESTIC WORKERS: Although many domestic environmental/workplace/clinic_network.htm.

workers are not entitled to paid sick leave under state law, RETALIATION: Employers are prohibited from retaliating domestic workers in NYC and Westchester are entitled to against you for making complaints about unsafe working accrue paid sick leave.102 In NYC, domestic workers accrue conditions.108 Further, in New York State, employers are 1 hour of leave for every 30 hours work and are entitled prohibited by law from retaliating against you for filing for to accrue up to 40 hours of paid sick time per year.103 In workers’ compensation benefits. And, under state law, if you Westchester, domestic workers accrue 1 hour of leave for have a right to a day of rest during the week and you request every 7 days worked, and are entitled to accrue and use up a day of rest, an employer cannot retaliate against you for to 40 hours of paid sick time per year.104 making that request. This means that your employer cannot take an action that negatively impacts your employment such as FAMILY OR MEDICAL LEAVE: If you work for a private firing you, demoting you, cutting your pay, or cutting your hours employer with 50 or more employees or a public employer, because you exercised one of your rights.109 Your employer you are likely covered under the Family and Medical Leave cannot retaliate against you for requesting or using paid sick Act (FMLA). The FMLA provides covered employees with up days under NYS law.110 As of February 19, 2023, New York State to 12 weeks of job protected, unpaid family or medical leave employers are prohibited from punishing employees for taking for employees who worked for their employer for at least 12 lawful absences111 36 © 2024 Legal Momentum snoitidnoC gnikroW riaF ecalpkroW efaS A

NYC: In New York City, an employer is prohibited from WHISTLEBLOWER PROTECTIONS: Employees, former retaliating against you for requesting or using sick time. You employees, and independent contractors are now considered must comply with any lawful workplace rules the employer whistleblowers when they reasonably believe that their employer is violating a law, rule, or regulation, or is creating a substantial has for requesting sick time, such as providing advance and specific danger to public health and safety and they raise this notice or providing a doctor’s note.112 concern with the employer or a government body. As of January HUMAN TRAFFICKING: If you have been forced, threatened, 26, 2022, an employer is prohibited from retaliating against these or induced to work against your will, you may be the victim of whistleblowers.115 human trafficking, which is illegal under federal and state law.113 ELECTRONIC MONITORING: As of May 7, 2022, your Victims of human trafficking may be threatened with violence employer must inform you if it monitors or otherwise intercepts against themselves or family members, made false promises of your telephone calls, e-mail, or internet use.116 As of March future benefits such as a green card, forced to work for free to 12, 2024, your employer is also prohibited from requesting or pay off debts, or threatened with deportation or arrest. You may requiring that you disclose the username or passwords of your be the victim of human trafficking if, during the course of your personal social media accounts.117 employment, you cannot freely come and go, you don’t have INDUSTRY-SPECIFIC REGULATIONS: There are rules that control of your identification documents or money, you are not apply to specific industries that are meant to protect workers paid or paid below the minimum wage, you are given housing against abusive practices in their specific line of work. Many of but told that you are not entitled to a salary, and/or you owe a these laws also aim to provide workers in these industries greater debt to your employer. You may be the victim of sex trafficking, stability and predictability in their work scheduling. Below are which is a form of human trafficking, if you are forced to engage some examples of protections that apply in specific industries.

in commercial sex acts against your will (whether by threats, To find out if there are regulations that apply to your job, contact manipulation, lies, debt bondage, or other forms of coercion). the NYS Department of Labor: 518-457-9000 or 888-469-7365, or, if you work in NYC, the NYC Department of Consumer Affairs:

• If you believe that you are the victim of human trafficking,

https://www1.nyc.gov/site/dca/businesses/workplace-laws-for- you can contact an advocate for assistance (National Human employers.page. Trafficking Resource Center Tel: 888-373-7888) or report your case to the New York State Department of Labor, Department • NYC RETAIL REQUIREMENTS ON SCHEDULING: If you work in the retail or fast-food industry in NYC, your employer of Immigrant Policies and Affairs: 877-466-9757, trafficking@ may have to comply with requirements that prohibit many labor.ny.gov, https://dol.ny.gov/human-trafficking.

abusive last-minute scheduling practices. For example, all

• There are a range of additional services that the state may covered retail employers can no longer engage in certain forms

provide, including emergency temporary housing, assistance of on-call scheduling, last minute schedule shift changes, or recovering unpaid wages, job skills training and placement, last minute cancellations of shifts.118 Retail employers must also provide and post written work schedules at least 14 days immigration and legal assistance, assistance establishing before an employee’s first shift in the schedule and contact permanent residence through special visas for victims of affected workers within 24 hours (or as soon as possible) if the human trafficking, mental and physical health services, schedule changes.119 counseling, assistance accessing public benefits, translation

• Nyc Fast-Food Requirements On Scheduling:

and interpretation, and criminal or civil action against the Covered fast-food employers in NYC must regularly provide trafficker. and post written work schedules and provide 14 days of notice for before day one of a new schedule.120 Employers IMMIGRATION STATUS: You have the right to a must pay a “premium” fee, between $10 and $75, for any last safe and healthy workplace regardless of your immigration minute schedule changes depending on how little notice they status. It is illegal retaliation if your employer threatens to provide.121 The law also places limitations on how an employer can schedule consecutive shifts.122 As of July 4, 2021, covered report you to immigration authorities because you try to fast food employers cannot, following a 30-day probationary exercise or enforce your rights under these laws.114 Despite period, terminate, lay off, or reduce the hours of employees by these laws, your employer may still retaliate against you, so more than 15% without “just cause”123 and must provide written you should contact a lawyer or legal advocate for guidance.

notices explaining the reason for termination.124 For assistance, visit the Additional Resources section at the

• NAIL SALON REGULATIONS: If you work for a nail salon

back of this Toolkit. in New York State, your employer must comply with various requirements including paying you minimum wage and overtime, providing protective safety gear, and posting the Bill 37 © 2024 Legal Momentum snoitidnoC gnikroW riaF ecalpkroW efaS A

If you have concerns or believe that your rights have been workplace. Visit https://www.osha.gov/workers/file_complaint. violated, there are various actions you can take to advocate html or call 1-800-321-OSHA. for yourself. In addition to the general guidance in Section 1, It is unlawful for your employer to punish you for filing a consider the following: complaint about your workplace conditions. Note that MONITOR YOUR WORKPLACE CONDITIONS: In some complaints can only be filed for current violations or violations jobs you voluntarily take on health and safety risks. But often, occurring within the past 6 months. many risks and hazards are avoidable and workers can be If you are challenging a violation of NYS requirements pertaining protected with safety equipment, protocols, and procedures. to disability or workers compensation benefits, you can file When you go to work each day, think about whether your a complaint with the NYS Workers’ Compensation Board. workplace is affecting your health and safety, whether you are If you do not think you are getting required breaks or time exposed to any serious hazards, and whether your employer is off, you can obtain more information or file a complaint with taking precautions to guard against risks that can be avoided. the NYS Department of Labor: https://www.labor.ny.gov/ SEEK ASSISTANCE: Consider contacting a local advocate or workerprotection/laborstandards/faq.shtm. Worker Center to obtain assistance navigating your workplace NYC: In New York City, you can report violations of issue and identifying which laws and protections apply to you. workplace laws, such as paid sick time requirements, to Worker Centers provide resources and guidance for a range the NYC Department of Consumer and Worker Protection of issues including problems with wages, safety issues, and (DCWP). To file a complaint, visit: https://www1.nyc.gov/ training. See the Additional Resources section at the end of this site/dca/workers/workersrights/file-workplace-complaint. Toolkit for a list of Worker Centers in New York State. page. Within DCWP, the Office of Labor Policy and Standards FILE A COMPLAINT: If you believe you are working under (OLPS) protects and promotes labor standards and policies unsafe conditions that have caused a serious hazard or that your to create fair workplaces. OLPS provides targeted resources employer is not complying with safety regulations, you can file and support for people of color, women, and immigrants. a confidential complaint with the U.S. Occupational Safety and For more information, visit: https://www1.nyc.gov/site/dca/ Health Administration (OSHA) and request an inspection of your about/office-of-labor-policy-standards.page..

violated, there are various actions you can take to advocate html or call 1-800-321-OSHA. for yourself. In addition to the general guidance in Section 1, It is unlawful for your employer to punish you for filing a consider the following: complaint about your workplace conditions. Note that MONITOR YOUR WORKPLACE CONDITIONS: In some complaints can only be filed for current violations or violations jobs you voluntarily take on health and safety risks. But often, occurring within the past 6 months.

many risks and hazards are avoidable and workers can be If you are challenging a violation of NYS requirements pertaining protected with safety equipment, protocols, and procedures. to disability or workers compensation benefits, you can file When you go to work each day, think about whether your a complaint with the NYS Workers’ Compensation Board.

workplace is affecting your health and safety, whether you are If you do not think you are getting required breaks or time exposed to any serious hazards, and whether your employer is off, you can obtain more information or file a complaint with taking precautions to guard against risks that can be avoided.

the NYS Department of Labor: https://www.labor.ny.gov/ SEEK ASSISTANCE: Consider contacting a local advocate or workerprotection/laborstandards/faq.shtm. Worker Center to obtain assistance navigating your workplace NYC: In New York City, you can report violations of issue and identifying which laws and protections apply to you.

workplace laws, such as paid sick time requirements, to Worker Centers provide resources and guidance for a range the NYC Department of Consumer and Worker Protection of issues including problems with wages, safety issues, and (DCWP). To file a complaint, visit: https://www1.nyc.gov/ training. See the Additional Resources section at the end of this site/dca/workers/workersrights/file-workplace-complaint.

Toolkit for a list of Worker Centers in New York State. page. Within DCWP, the Office of Labor Policy and Standards FILE A COMPLAINT: If you believe you are working under (OLPS) protects and promotes labor standards and policies unsafe conditions that have caused a serious hazard or that your to create fair workplaces. OLPS provides targeted resources employer is not complying with safety regulations, you can file and support for people of color, women, and immigrants.

a confidential complaint with the U.S. Occupational Safety and For more information, visit: https://www1.nyc.gov/site/dca/ Health Administration (OSHA) and request an inspection of your about/office-of-labor-policy-standards.page. 38 © 2024 Legal Momentum snoitidnoC gnikroW riaF ecalpkroW efaS A of Rights for Nail Workers in your place of work. The state can right to be paid within seven days of the work week on an shut down your shop if your employer is not in compliance. agreed upon payday.126 For more information or to file a complaint call the Task Force Farmworkers are also covered by the laws and regulations Hotline, 888-469-7365, or visit https://www.ny.gov/programs/ discussed above that require workers to have a safe nail-salon-safety-what-you-need-know.

workplace. If you feel that your health and safety on the farm is at risk, you can file a complaint by phone or FARMWORKERS: Under NY labor law, if you are email to report a violation and try to address the risk.127 the minimum wage and you are eligible to receive or fewer employees, you may be limited in the type of unemployment insurance benefits. Most farmworkers enforcement you can seek under federal law.128 Typical (those whose employers paid at least $1,200 for farm risks include pesticide exposure, heat and sun exposure, labor in the preceding calendar year) are eligible for hazardous tools and machinery and the risk of sexual workers’ compensation coverage.125 Note that you harassment. Farmworkers are also covered by anti- probably still qualify for benefits even if you were discrimination laws that prohibit sexual harassment in the recruited by a farm labor contractor. You also have the workplace.129

Domestic Violence, Sexual Assault & Stalking: It is unlawful for an employer to discriminate against you in the workplace based on your status as a victim of domestic violence. Depending on where you live, additional protections may exist, including protections for victims of sexual assault or stalking, that can help you keep or leave your job while addressing the abuse..

39. © 2024 Legal Momentum. Domestic Violence, Sexual Assault & Stalking: Domestic violence causes far more pain than the visible marks of bruises and scars.” — Dianne Feinstein, U. S. Senator, CA © 2024 Legal Momentum 3399.

Domestic Violence, Sexual Assault & Stalking you in the workplace based on your status as a victim of domestic violence. Depending on where you live, additional protections may exist, including protections for victims of sexual assault or stalking, that can help you keep or leave your job while addressing the abuse.

How Can Domestic Violence, Sexual Assault,

or Stalking Impact Your Job?

Domestic violence, sexual assault, or stalking can destabilize your

• Legal obligations, including the need to go to court to get an

life at home and at work. Victims of domestic violence, sexual order of protection, attend a court appearance, meet with the assault, or stalking often face unique challenges in the workplace district attorney’s office, or attend a custody hearing. due to consequences of the abuse. You may have trouble performing your work duties, getting to work on time, or you may • Safety concerns at work, either because the perpetrator works need time off due to various factors, including: with you or knows where you work, has appeared at your work, is making harassing phone calls to you at work, or has

• Psychological impact of the abuse, including difficulty made other threats.

concentrating, anxiety, and depression. If domestic violence, sexual assault, or stalking is impacting

• Physical injuries from the abuse that require rest, recovery,

your ability to get or keep a job, you may qualify for certain legal and/or medical care. protections or be able to negotiate with your employer to secure

• Housing instability, including the need to flee, find a safe place changes at work to better protect your health and safety while

to stay, find new housing, or enroll children in a new school. staying employed. What Qualifies as Domestic Violence,

Sexual Assault, or Stalking?

Note: These are not legal definitions, which vary based on federal, that control or interfere with a person’s ability to acquire, use, or state, and local laws; depend on the context; and are often tied to maintain economic resources.131 specific criminal laws. SEXUAL ASSAULT: Typically covers specific nonconsensual DOMESTIC VIOLENCE: Typically involves acts or threats of sexual acts that are prohibited under criminal laws.132 violence or a pattern of threats or abuse committed by a person STALKING: Typically covers specific acts prohibited under such as a spouse, intimate partner, a person with whom the victim criminal laws. You may be a victim of stalking if you have been shares a child in common, or family or household member.130 As the target of a pattern of behavior that causes you to fear for your of July 4, 2023, New York City includes economic abuse under the safety or the safety of others or to suffer substantial emotional definition of domestic violence. Economic abuse involves acts distress.133

Who is Protected by the Law?

In New York, you are entitled to protections in the workplace if NYC & WESTCHESTER: If you work for any employer in you are a victim of domestic violence.134 Note that the abuse New York City,135 or Westchester County136 you are entitled can occur anywhere and does not have to occur in the workplace to additional protections if you are a victim of domestic in order for you to qualify for protections. violence, sexual assault, or stalking.

What are My Legal Rights?

PROTECTIONS AGAINST DISCRIMINATION: In New York This means that it is unlawful for your employer to change your State, your employer is prohibited from treating you negatively schedule, reduce your hours, deny you a promotion, change your job because you are a victim of domestic violence.137 This protection responsibilities, or reduce your pay because you are a victim, unless means you cannot be: denied a job; fired; or be treated differently with your employer takes any of those actions specifically at your request.

respect to salary, or terms, conditions, or privileges of employment based on your gender or status as a Victim of Domestic Violence. 40 © 2024 Legal Momentum gniklatS ,stluassA lauxeS ,ecneloiV citsemoD

41 © 2024 Legal Momentum gniklatS ,stluassA lauxeS ,ecneloiV citsemoD This also means that your employer is prohibited from firing you circumstances or conditions. This type of denial may constitute because you are being harassed at work by your abuser or based unlawful discrimination. on gender-based stereotypes. For example, it’s unlawful for your You may have an order of protection from the court. Note that this employer to fire or demote you because your boss does not want to is an order from the court directing an individual to do or not do deal with the “drama battered women bring to the workplace.” something, e.g., to stay away from you. However, your employer is Even if you are not legally entitled to a reasonable accommodation not a party to that order and so may not be required to enforce it (see below), your employer may be engaging in unlawful (meaning your employer may not be required to take action to ensure discrimination if it denies your request for an adjustment to address the perpetrator is abiding by the order or take action if it is violated).

the abuse if your employer has provided similar adjustments to your As of November 18, 2019, employers in NYS must allow reasonable co-workers on other grounds. time off as an accommodation in order to:141

• Seek medical attention for injuries caused by domestic violence.

NOTE: In order to be covered by these protections, you will have to inform your employer about your status as a victim of • Obtain services from a domestic violence shelter, program or rape domestic violence and may need to provide documentation of crisis center. such. Keep in mind that domestic violence can have a significant • Obtain psychological counseling related to an incident of domestic impact on your attendance and performance, which are both violence.

grounds for discipline or termination. If you think that the abuse is impacting your work performance, it may help to notify • Participate in safety planning or to take other actions to increase your employer; otherwise, you will not be covered by these safety from future incidents of domestic violence.

protections. It is a violation of the law if your employer retaliates When an employee cannot give advance notice of the reason for the against you for disclosing your status. absence, the employer can request certification, which the employee must provide within a reasonable time: REASONABLE ACCOMMODATIONS: A “reasonable

• A police report indicating that the employee or his or her child was

accommodation” is a change or adjustment to your working a victim of domestic violence; conditions, including your work duties or schedule. These adjustments can help a victim address the range of workplace • A court order protecting or separating the employee or his or her impacts of the abuse or trauma. child from the perpetrator of an act of domestic violence;

• Other evidence from the court or prosecuting attorney that the

NOTE: Examples include, but are not limited to, a request for employee appeared in court; or time off, a change in your work location, a change in your hours • Documentation from a medical professional, domestic violence or shifts, a new phone number, a reassignment or a transfer to advocate, health care provider, or counselor that the employee another location, implementation of certain security protocols or his or her child was undergoing counseling or treatment for such as an escort, or a temporary reduction in hours. physical or mental injuries or abuse resulting in victimization from an act of domestic violence.

Under federal you are not generally entitled to a reasonable NYC & WESTCHESTER: If you are a survivor of domestic accommodation for domestic violence, sexual assault, or stalking. violence, sexual offense/sexual assault or stalking and you work However, if, as a result of the abuse, you suffer from a mental or for an employer in New York City142 or in Westchester County143 physical condition that qualifies as a disability, you may be able to you have greater protections and are entitled to a reasonable request a reasonable accommodation under federal law (if you work accommodation based on your status as a victim.

for an employer with 15 or more employees) or under state law.138 Your employer must work with you to accommodate your disability, In New York City, your employer must engage in a “cooperative unless your request would create an undue hardship for your dialogue” or an “interactive process”144 when considering a employer or would prevent you from fulfilling your essential work reasonable accommodation request. Your employer is not functions. required to make adjustments that would create a significant hardship for them or would mean that you could no longer fulfill the essential functions of your job. This means that you and your NOTE: Under federal law, a person with a disability is defined employer should be able to work together to find a solution that as a person who has a physical or mental impairment that helps you and still works for them.

substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person CAN I TAKE TIME OFF? You may be able to take time off in who is perceived by others as having such an impairment.139 certain circumstances. Under NYS law, a disability is defined as a physical, mental, or

• FOR COURT: In New York State, it is unlawful for your employer

medical impairment resulting from anatomical, physiological, to terminate or penalize “a victim of a crime” for taking time off genetic, or neurological conditions which prevents the exercise to appear in court, appear as a witness, consult with the district of a normal bodily function or is demonstrable by medically attorney’s office, or obtain an order of protection.145 This law accepted clinical or laboratory diagnostic techniques.140 covers victims of a charged criminal offense, anyone who has been subpoenaed to attend a criminal proceeding as a witness, or Even if a reasonable accommodation is not legally required, anyone exercising rights as a victim under applicable sections of remember that your employer is prohibited from denying your the criminal procedure law, the family court act, or the executive request for an accommodation simply because of your status law. If you seek protection under this provision, you must notify as a victim. As noted above, if it has granted requests for similar your employer prior to the day of your attendance.

kids in a new school, or take other necessary measures to protect

• VACATION/SICK/PERSONAL TIME: Under your employer

your mental and physical health. policy or handbook, you may be able to use available vacation, sick, or personal time off to address the abuse. Note, that your If you meet this requirement, you are eligible to earn 1 hour employer may be engaging in unlawful discrimination if it denies of safe or sick time for every 30 hours worked up to 40 hours your request but has approved request from your coworkers on a year.150 Note that you must provide adequate notice for other comparable grounds such as for personal needs and family foreseeable events.151 emergencies. Be sure to inform your employer as early in advance In order to receive these protections, you do have to reveal to your as possible and comply with your workplace policy for requesting employer that you are a victim of domestic violence and provide and taking personal time off.

documentation to verify your status as a victim of domestic

• DISABILITY: As discussed above, if you suffered a disability as violence, if your employer requests it. You can satisfy this

a result of the abuse, you may be entitled to request time off as a requirement by providing documentation from a victim services reasonable accommodation for your disability and you may qualify organization, an attorney, a member of your religious institution, or to receive short term disability benefits. a medical or other professional service provider who you went to for assistance for the abuse; a police or court record; or a notarized

• MEDICAL LEAVE: If you have suffered a serious health

letter you wrote explaining why you need this time off. Once you tell condition as the result of the abuse, you may qualify to take up your employer about your situation, your employer must keep all of to 12 weeks of unpaid job-protected leave under the Family and your information confidential. Medical Leave Act (FMLA) if you are eligible and have worked sufficient days and hours (at least 1 year and at least 1,250 hours RETALIATION: Your employer is legally prohibited from in the past year for an employee with 50 or more employees). retaliating against you for exercising your rights under these laws. Unfortunately, many employers will still engage in unlawful PAID SAFE TIME: In New York State, employees may use their discrimination. If your employer does penalize you for invoking these accrued paid sick time for absences because the employee or protections, remember that retaliation is a separate violation of the employee’s family member is a victim of a family offense, sexual law, meaning that in some cases, even if an employer is found not offense, stalking, or human trafficking:146 to have discriminated against you, it may still be liable for retaliating

• to obtain services from a domestic violence shelter, rape crisis against you and may have to pay damages. Note, however, that you

center, or other services program; must still comply with workplace rules, and you can still be subject to discipline or penalized for poor performance or for breaking

• to participate in safety planning, temporarily or permanently

workplace rules, so long as your employer’s conduct is not based on relocate, or take other actions to increase the safety of the your sex or gender. employee or employee’s family members; UNEMPLOYMENT BENEFITS: If you feel that you need to

• to meet with an attorney or other social services provider to obtain

quit your job because of domestic violence, you may qualify information and advice on, and prepare for or participate in any for unemployment benefits. To obtain benefits, you will need to criminal or civil proceeding; explain that you left your job because of the domestic violence and

• to file a complaint or domestic incident report with law because you believed that staying at your job would jeopardize

enforcement; your safety or the safety of your family. You may be required to submit documentation to verify that you are a victim of domestic

• to meet with a district attorney’s office;

violence. For more information, visit: https://www.labor.ny.gov/

• to enroll children in a new school; or unemploymentassistance.shtm.

• to take any other actions necessary to ensure the health or safety CRIME VICTIM’S COMPENSATION: If you are a victim of a

of the employee or the employee’s family member or to protect crime in New York State, including domestic violence or sexual those who associate or work with the employee. assault, you may be eligible to receive compensation to cover specific Employees accrue sick leave at a rate of one hour of leave for expenses such as medical and counseling costs, lost wages, shelter every 30 hours worked. Employees of employers with 100 or more costs, and transportation. You can file a claim with the NYS Office of employees accrue up to 56 hours of paid sick leave per year; Victim Services. For more information, visit: https://ovs.ny.gov.

employees of employers with 5 to 99 employees accrue up to 40 HOUSING: It is unlawful for a landlord to discriminate against you hours of paid sick leave per year; and employees of employers with because you are a victim of domestic violence.152 This means that a 4 or fewer employees accrue up to 40 hours of unpaid sick leave landlord is prohibited from evicting or refusing to rent to you because per year.147 When this leave lasts 3 or more days, the employer can of your status as a victim of domestic violence. If you have an order request the employee provide an attestation from a medical provider of protection and you no longer feel safe in your rental apartment, or from the employee verifying employee’s eligibility for leave. you can request that your landlord terminate your lease early and However, the employer cannot require that the employee explain you can obtain a court order from the judge who issued your order the details of the domestic violence, sexual offense, family offense, of protection if your landlord refuses to let you out of your lease.153 human trafficking, or stalking.148 As of May 13, 2022, New York State Human Rights Law specifically protects against discrimination in public accommodation and

• NYC: If you work in New York City for an employer with 5 or more

housing on the basis of status as a victim of domestic violence.154 employees, or you are a domestic worker, your employer must provide paid safe time to eligible employees.149 Paid safe time is PUBLIC ASSISTANCE: If you are a victim of domestic violence, time off to allow you to obtain services for abuse, to relocate, take sexual assault, or stalking, you may be facing various types of measures to secure your safety, meet with an attorney or service instability and you may need assistance to make ends meet. For provider, file a complaint, meet with a district attorney, enroll your more information on the types of public assistance, including 42 © 2024 Legal Momentum gniklatS ,stluassA lauxeS ,ecneloiV citsemoD

If you have concerns or believe that your rights have DOCUMENT PROBLEMS: If you feel like your employer been violated, there are various actions you can take to is not responding appropriately to your disclosure or advocate for yourself. In addition to the general guidance requests, be sure to document everything that happens in in Section 1, consider the following: detail as early as possible (including names, dates, places, times, witnesses, and nature of the incident). Keep a paper CONSIDER WORKPLACE IMPACT OF THE ABUSE: trail of relevant evidence, including threats of retaliation. As a victim of domestic or sexual violence, you may Save copies of any and all evidence, including copies of not be contemplating how the abuse is impacting your emails, text messages, written letters or notes, voicemails, workplace. As a starting point, consider how the abuse is and photos. affecting your work and whether you need to take steps to assist you if the abuse is impacting your performance, SPEAK TO YOUR EMPLOYER: If you are being attendance, timeliness, or other aspects of your work. harassed by your abuser at work or if you are having difficulty at work as a result of abuse, speak to your REVIEW WORKPLACE POLICIES/UNION employer about ways in which you can enhance your CONTRACTS: It is always beneficial to check your safety or make changes at work to help you better address employment policy, if one exists, in case your employer the abuse or obtain necessary assistance. If you believe provides broader protections than the legally required that your work performance may be suffering as a result of minimum or has a procedure in place for reporting. Places the abuse, consider whether it would be helpful to speak to to look for relevant information include: leave policy; your employer to explain your situation and see if there are sexual harassment policy; disciplinary and termination solutions that may help improve your performance. procedures: collective bargaining agreement: workplace violence policy: or any specific policy on gender-based If you are concerned that your employer is treating you violence. negatively because of your status as a victim of domestic violence, consider notifying your employer that you © 2024 Legal Momentum © 2024 Legal Momentum.

gniklatS ,stluassA lauxeS ,ecneloiV citsemoD cash, food, healthcare, and housing assistance, see Section 12 of Note also that if you are an immigrant victim of certain crimes, this Toolkit on Public Benefits. If you would like to apply for public you may qualify for a special visa to stay in the country and assistance but are concerned that meeting certain requirements may obtain a green card. You may qualify for a U Visa if you are place you or your children at greater risk of harm or make it difficult an immigrant victim of certain crimes, including violent and to escape the abuse, you can request a waiver to temporarily delay sexual crimes, and you are willing to assist law enforcement in a those requirements. Requesting a waiver does initiate screening for criminal investigation or prosecution. You may qualify to petition domestic violence. For more information, visit: https://opdv.ny.gov/ for lawful status, receive employment authorization, and be financial-compensation. eligible for public benefits under the Violence Against Women Act (VAWA) if you are an abused spouse, child, or parent of a U.S.

WORKPLACE SAFETY: Although there are no specific federal Citizen or permanent resident. Additionally, you may qualify for standards for workplace violence, under the federal Occupational a T Visa to obtain lawful status and employment authorization if Safety and Health Act, workers have the right to working conditions you are a survivor of sex or labor trafficking and if you are willing that do not pose a risk of serious harm. Workers can file a to assist law enforcement in a criminal investigation and/or confidential complaint with the U.S. Occupational Safety and Health prosecution. The National Immigrant Women’s Advocacy Project Administration if they believe someone is creating a safety risk that provides a directory of service providers, including advocates the employer has failed to address: https://www.osha.gov/workers/ and attorneys who may be able to assist you: http://directory.

file_complaint.html or call 1-800-321-OSHA. niwap.org. WORKERS’ COMPENSATION: Workers injured while working, Note also, that you may be suffering from unlawful regardless of immigration status and including domestic workers discrimination if you are denied employment because an who work at least 40 hours a week for a single employer, can qualify employer does not want to “deal with the hassle” of hiring for workers’ compensation, which is a form of insurance that covers someone with your type of work authorization, requires that your wages and medical benefits to assist employees recover. You you provide verification documents before making you an offer, must meet eligibility requirements. Claims are filed with the NYS or demands more paperwork than is legally required.155 For Workers’ Compensation Board: http://www.wcb.ny.gov/content/ more information, including the list of acceptable verification main/Workers/Workers.jsp.

documents, visit: https://www.uscis.gov/i-9-central/employee- rights-resources/preventing-discrimination. If you think your IMMIGRATION STATUS: The protections above apply rights have been violated, contact a legal advocate or attorney. regardless of your immigration status. See the Additional Resources section at the end of this Toolkit.

been violated, there are various actions you can take to is not responding appropriately to your disclosure or advocate for yourself. In addition to the general guidance requests, be sure to document everything that happens in in Section 1, consider the following: detail as early as possible (including names, dates, places, times, witnesses, and nature of the incident). Keep a paper

Consider Workplace Impact Of The Abuse:

trail of relevant evidence, including threats of retaliation. As a victim of domestic or sexual violence, you may Save copies of any and all evidence, including copies of not be contemplating how the abuse is impacting your emails, text messages, written letters or notes, voicemails, workplace. As a starting point, consider how the abuse is and photos.

affecting your work and whether you need to take steps to assist you if the abuse is impacting your performance, SPEAK TO YOUR EMPLOYER: If you are being attendance, timeliness, or other aspects of your work. harassed by your abuser at work or if you are having difficulty at work as a result of abuse, speak to your

Review Workplace Policies/Union

employer about ways in which you can enhance your CONTRACTS: It is always beneficial to check your safety or make changes at work to help you better address employment policy, if one exists, in case your employer the abuse or obtain necessary assistance. If you believe provides broader protections than the legally required that your work performance may be suffering as a result of minimum or has a procedure in place for reporting. Places the abuse, consider whether it would be helpful to speak to to look for relevant information include: leave policy; your employer to explain your situation and see if there are sexual harassment policy; disciplinary and termination solutions that may help improve your performance.

procedures: collective bargaining agreement: workplace violence policy: or any specific policy on gender-based If you are concerned that your employer is treating you violence. negatively because of your status as a victim of domestic violence, consider notifying your employer that you

are protected under New York law. It may be helpful Violence (https://opdv.ny.gov), which has a Domestic and to consult an attorney about the best way to have this Sexual Violence Hotline: 1-800-942-6906 (English and conversation with your employer to protect yourself. Spanish). If you reside in NYC, you can contact the NYC For assistance, contact Legal Momentum or see the 24-Hour Domestic Violence Hotline: 1-800-621-HOPE or Additional Resources section at the end of this Toolkit. 1-800-621-4673.

FILE A COMPLAINT: If you were discriminated Resources, including a program directory of domestic against based on your status as a victim of domestic violence service programs across the state, are also violence, or denied reasonable time off as a reasonable available at the New York State Coalition Against accommodation, you can file a claim with the NYS Division Domestic Violence: https://www.nyscadv.org/find-help/.

of Human Rights: https://dhr.ny.gov/contact-us. NYC: If you live in New York City, you can visit If you were discriminated against or denied a reasonable a Family Justice Center in your borough, which accommodation for domestic violence, sexual assault, or can assist you to develop a safety plan, apply for stalking and you work in New York City or Westchester benefits, get mental health counseling, obtain County, you can file a complaint with the New York City referrals for job training, obtain legal assistance, Commission on Human Rights (https://www1.nyc.gov/ and connect to law enforcement or the district site/cchr/about/contact-us.page) or the Westchester attorney’s office. For a list of Family Justice Centers, County Human Rights Commission (https://humanrights. visit: https://www1.nyc.gov/site/ocdv/programs/ westchestergov.com/file-a-complaint/filing-a-complaint). family-justice-centers.page. Sanctuary for Families If you were improperly denied earned safe time in New also provides counseling and crisis services, legal York State, you can file a complaint with the Department representation for individuals seeking to escape of Labor: https://dol.ny.gov/unpaidwithheld-wages-and- abuse, career readiness and technology training, wage-supplements and crisis shelters. To get help, visit: https:// sanctuaryforfamilies.org/get-help/.

If you were improperly denied earned safe time in New York City, you can file a complaint with the NYC FIND A SHELTER OR HOUSING: Survivors of Department of Consumer Affairs: https://www1.nyc.gov/ domestic violence residing in New York City may receive site/dca/workers/workersrights/file-workplace-complaint. temporary housing, emergency shelter, and supportive page. services for themselves and their children through the Human Resources Administration and Safe Horizon.

FILE A LAWSUIT: You also have the option of Programs provide counseling, advocacy, and referral filing a lawsuit in state court instead of the New York services. Safe Horizon offers 8 confidential domestic State Division of Human Rights or the New York City violence shelters located throughout New York City.

Commission on Human Rights. To reach their hotline: 1-800-621-4673. Based on your status as a victim of domestic violence, sexual assault, or SEEK ASSISTANCE FOR THE ABUSE: If you are stalking, you may be eligible to receive certain preferences a victim of domestic violence, you can receive various or priorities when applying for federal housing assistance.

types of assistance, including crisis intervention, safety Contact your local housing provider for more information. planning, assistance identifying emergency shelter or temporary housing, counseling, advocacy, referrals, and OBTAIN INFORMATION IN YOUR LANGUAGE: You other types of supportive services for yourself and your children.

languages on the City’s website: https://www1.nyc.gov/ site/dca/about/paid-sick-leave-law.page. If you live in New York State, you can seek assistance by contacting the NYS Office for the Prevention of Domestic 44 © 2024 Legal Momentum gniklatS ,stluassA lauxeS ,ecneloiV citsemoD

Reproductive & Maternal Health: You have the right to a safe and confidential abortion until your 24th week of pregnancy or at any point medically necessary to protect your life or health. If you receive Medicaid or have health insurance, your provider must cover critical family planning services, including contraception and abortion services at no additional cost..

45. © 2024 Legal Momentum. Reproductive & Maternal Health: The decision whether or not to bear a child is central to a woman’s life, to her wellbeing and dignity. It is a decision she must make for herself.” — Justice Ruth Bader Ginsburg, Associate Justice of the Supreme Court of the United States © 2024 Legal Momentum 45.

Reproductive & Maternal Health until your 24th week of pregnancy or at any point medically necessary to protect your life or health. If you receive Medicaid or have health insurance, your provider must cover critical family planning services, including contraception and abortion services at no additional cost.

The decision whether or not to bear a child is central to a woman’s life, to her wellbeing and dignity. It is a decision she must make for herself.” — Justice Ruth Bader Ginsburg, Associate Justice of the Supreme Court of the United States

How Does Reproductive and Maternal Health Relate to

My Economic Security?

Your reproductive freedom—your ability to determine if and services are more likely to fall into poverty, face unemployment, when to have a child—and your right to affordable reproductive or be forced to rely on public assistance.156 Even when and maternal health services—contraception, abortion, and reproductive health services are available, the high cost can medical care during and after pregnancy—can be critical to your serve as a major barrier, forcing women to choose between economic security and wellbeing.

contraception and other basic necessities.157 Raising children can be expensive, and without adequate All women should have the freedom and ability to make their support women have traditionally suffered additional financial own decisions about their reproduction and to pursue their penalties—having to go on unpaid leave before and after childbirth, having to return to work while recovering from educational and career goals on their own time and on an childbirth, and getting fired or being forced to leave a job. In equal footing with men. In New York State, there are laws and fact, women who are denied access to reproductive health requirements in place to help you do so.

What are My Legal Rights?

In this Toolkit, the terms “reproductive rights” and “maternal coverage directly from your health insurance provider.162 health” refer mainly to contraception, including birth control; abortion services; preventive care; healthcare during and after Abortion pregnancy; and healthcare coverage for these various services.

When making decisions about your future, it is important that In New York State, you have the right to a safe and confidential you are aware of the rights and/or healthcare coverage you may abortion before your 24th week of pregnancy or at any point or may not have with respect to contraception, abortion, and medically necessary to protect your life or health or at any point reproductive and maternal healthcare services. if it is medically determined that the fetus would not survive birth.163 Birth Control While the full legal ramifications of the U.S. Supreme Court decision eliminating the constitutional right to an abortion and It is your choice whether or not you choose to use birth control.

the resulting legislation in various states are still unknown, New If you receive health insurance from your employer in New York has taken steps to protect abortion access by passing laws York State, your employer and insurance provider must cover that: all F.D.A. approved forms of birth control at no cost to you.158 However, where multiple version of a contraceptive method • Prohibit law enforcement in New York from cooperating with are available, your insurer is only required to cover one version an out-of-state investigation into an abortion legally procured unless the approved version is not available or is medically under New York law.164 inadvisable for you.159 If requested, your insurer must also cover the entire prescribed supply at your first purchase, for • Allow you to bring a lawsuit for “unlawful interference with up to 12 months of the prescription, which means that if you protected rights” against someone who sues you in another were prescribed a 12-month supply, you should be able to state for obtaining a legal abortion in New York.165 get your entire 12-month supply up front.160 Other forms of

• Protect providers who perform abortion on patients from

birth control that you may be able to get at no cost include outside of New York.166 emergency contraception (e.g., “Plan B”) as well as in-network voluntary sterilization. Lastly, if you have not paid for the form For the most up to date information on abortion law in New York of birth control you are using, then all follow-up services and State, visit: https://www.ny.gov/programs/abortion-new-york- management of side effects, counseling, and device removal state-know-your-rights.

should also be at no additional cost.161 If you receive health insurance through your employer in Religious employers can also opt-out of providing coverage for New York State, you should be able to get an abortion at no birth control in their health insurance plan. In this case, your additional cost. Health insurance providers that cover general employer must provide you with written notice regarding their medical services are required to cover in-network medically refusal, including information about how you can purchase necessary abortions, and there should be no copayment, 46 © 2024 Legal Momentum htlaeH lanretaM evitcudorpeR

coinsurance, or annual deductible.167 In addition, your insurance Note that whether you have healthcare coverage through provider is required to provide coverage for non-surgical Medicaid, your employer, or an individual plan, your insurance abortions that are not medically necessary.168 cannot charge you out-of-pocket expenses for certain preventive services for women such as wellness visits, Your employer is prohibited from discriminating against for you for choosing to have or not to have an abortion or contemplating contraception, pregnancy related services, breastfeeding help, having an abortion.169 The law prohibits an employer from:170 and breast and cervical cancer screenings.177

• Accessing an employee’s personal information regarding

What if I Do Not Have Health Insurance?

the employee’s (or the employee’s dependent’s) reproductive health decisions, without the employee’s prior informed affirmative written consent; Various factors, such as lack of employment or immigration status, can serve as a barrier to obtaining health insurance.

• Discriminating or taking any retaliatory personnel action

However, if you are not employed or your employer does not against an employee with respect to compensation, terms, provide health insurance, New York State offers other options conditions or privileges of employment because of or for healthcare. based on the employee’s (or the employee’s dependent’s) reproductive health decisions; or Through the Affordable Care Act, if you are a lawfully present New York resident, you can purchase private health insurance

• Requiring an employee to sign a waiver or other document

through the New York State of Health Marketplace. To apply, that purports to deny employees the right to make their own reproductive health care decisions. visit https://nystateofhealth.ny.gov or call 1-855-355-5777. Religious employers can choose not to provide health care Medicaid pays for all family planning services, including birth coverage for abortions. However, your health insurance provider control and abortion services, as long as you use a health is required to provide notice to you ahead of time that they can provider that accepts Medicaid. Emergency birth control is provide coverage for medically necessary abortions directly.171 also covered without a prescription.178 The Family Planning Extension Program to Medicaid also provides 24 months of You also have the right to freely access an abortion clinic without physical interference from entering the clinic or threats family planning services after your pregnancy ends.179 of harm.172 If you do not qualify for Medicaid, New York State’s Family New York law strictly protects the confidentiality of all records Planning Benefit Program also provides free and confidential related to an abortion, and your provider cannot disclose records family planning services, for adults and teenagers. The Family related to abortion to anyone without your permission—including Planning Benefit Program offers most birth control methods, to a parent or guardian if you are a minor.173 emergency contraceptives, family planning and pregnancy If you need help paying for your abortion or with travel or lodging counseling. Pregnancy, pre-natal services, abortions, and costs related to your appointment, there are organizations fertility treatments are not covered.180 For more information, dedicated to helping with those costs. For a list, visit: visit: https://www.health.ny.gov/health_care/medicaid/ https://abortionfunds.org. program/longterm/familyplanbenprog.htm. New York State’s Essential Plan is another free or very low cost insurance for REASONABLE ACCOMMODATIONS IN NYC: Under adults with low incomes who do not qualify for Medicaid.

New York City’s Human Rights Law, employees (working for an employer with 4 or more employees) who are undergoing fertility treatment or who have had abortions or miscarriages IMMIGRATION STATUS: Individuals with eligible are entitled to reasonable accommodations at work, including immigration status can receive public benefits, like leave to recover from a procedure.174 Medicaid or the Children’s Health Insurance Program, if they meet program requirements. Regardless of your Preventive, Pregnancy, and Maternal immigration status, if you are pregnant, you have the right Healthcare to Medicaid during your pregnancy. While there are waiting periods for coverage by Medicaid for some immigrants, Essential Plan is an option for those who have just moved Insurers are required to provide coverage for obstetric and gynecological services, including annual examinations and to New York and have a valid visa or deferred action status.

or unlimited care related to a pregnancy.175 All insurers must For more information, visit: https://info.nystateofhealth. also provide coverage for maternity care, including parent ny.gov/essentialplan. education assistance, training in breast or bottle-feeding, and any necessary maternal and newborn clinical testing.176 47 © 2024 Legal Momentum htlaeH lanretaM evitcudorpeR

If you have concerns or believe that your rights have grievance procedure, but act quickly because there are been violated, there are various actions you can take to time limits on when you can file your grievance. Be sure to advocate for yourself. In addition to the general guidance review your policy and your billing statements to see how in Section 1, consider the following: long you have to file the complaint so that you do not miss any deadlines. In addition, you have the right to an appeal REVIEW YOUR HEALTH INSURANCE POLICY: process when your insurer denies health care services. Review your plan to develop an understanding of the kind For more information, visit: https://www.dfs.ny.gov/ of coverage you have and be sure that all required services complaints/file_a_complaint. are covered. Look to see if there are any out-of-pocket costs for the care you are seeking and for how much. If FILE AN ADMINISTRATIVE COMPLAINT: You you think something should be covered but it is not, be have the right to file a federal complaint with the U.S. sure to contact your insurance provider and find out why. Department of Health and Human Services’ Office for Civil Be sure to review your billing statements to verify that you Rights (OCR) (https://www.hhs.gov/ocr/complaints/index. are not being charged for items that should be covered. html) or the EEOC (https://www.eeoc.gov//field/newyork/ FILE A GRIEVANCE: If you want to contest something charge.cfm) against your employer or health insurance about your coverage, you can file a grievance or appeal. company if you feel discriminated against because of the Under the law, your insurance provider must have a family planning choices you have made..

been violated, there are various actions you can take to time limits on when you can file your grievance. Be sure to advocate for yourself. In addition to the general guidance review your policy and your billing statements to see how in Section 1, consider the following: long you have to file the complaint so that you do not miss any deadlines. In addition, you have the right to an appeal

Review Your Health Insurance Policy:

process when your insurer denies health care services. Review your plan to develop an understanding of the kind For more information, visit: https://www.dfs.ny.gov/ of coverage you have and be sure that all required services complaints/file_a_complaint. are covered. Look to see if there are any out-of-pocket costs for the care you are seeking and for how much. If FILE AN ADMINISTRATIVE COMPLAINT: You you think something should be covered but it is not, be have the right to file a federal complaint with the U.S.

sure to contact your insurance provider and find out why. Department of Health and Human Services’ Office for Civil Be sure to review your billing statements to verify that you Rights (OCR) (https://www.hhs.gov/ocr/complaints/index. are not being charged for items that should be covered. html) or the EEOC (https://www.eeoc.gov//field/newyork/ FILE A GRIEVANCE: If you want to contest something charge.cfm) against your employer or health insurance about your coverage, you can file a grievance or appeal. company if you feel discriminated against because of the Under the law, your insurance provider must have a family planning choices you have made.

Pregnancy, Childbirth & Breastfeeding: It is unlawful for an employer to treat you less favorably in the workplace on the basis of pregnancy, childbirth, or a related medical condition. This type of treatment is a form of sex discrimination. An employer is also prohibited from discriminating against workers for pumping breast milk at work and you have the right to take breaks to do so. Depending on your situation, you may have the right to additional workplace protections to adjust your working conditions or to take paid or unpaid leave if needed..

49. 9: © 2024 Legal Momentum. Pregnancy, Childbirth & Breastfeeding: Employers routinely fire pregnant workers, refuse to hire them, strip them of seniority rights, and deny them sick leave and medical benefits given other workers. Such policies have a lifetime impact on women’s careers… discrimination against women workers cannot be eradicated unless the root discrimination, based on pregnancy and childbirth, is also eliminated.” — Susan Deller Ross, Lawyer and Professor of Law, on behalf of the Coalition to End Discrimination Against Pregnant Workers in her 1977 hearing testimony advocating in favor of enacting the Pregnancy Discrimination Act. © 2024 Legal Momentum 49.

Pregnancy, Childbirth & Breastfeeding It is unlawful for an employer to treat you less favorably in the workplace on the basis of pregnancy, childbirth, or a related medical condition. This type of treatment is a form of sex discrimination. An employer is also prohibited from discriminating against workers for pumping breast milk at work and you have the right to take breaks to do so. Depending on your situation, you may have the right to additional workplace protections to adjust your working conditions or to take paid or unpaid leave if needed.

hire them, strip them of seniority rights, and deny them sick leave and medical benefits given other workers. Such policies have a lifetime impact on workers cannot be eradicated unless the root discrimination, based on pregnancy and childbirth, is also eliminated.” — Susan Deller Ross, Lawyer and Professor of Law, on behalf of the Coalition to End Discrimination Against Pregnant Workers in her 1977 hearing testimony advocating in favor of enacting the Pregnancy Discrimination Act.

Women who are working while pregnant, recovering from

• Your employer forces you to go on leave or work fewer hours

childbirth, or breastfeeding, may encounter various obstacles in because you are pregnant, even though you are still able to the workplace, including discrimination or the unlawful denial of fulfill your regular duties. critical legal protections. Discriminatory or unlawful conduct by

• You are pregnant and your employer denies you a promotion

an employer is often subtle, but can have a profound impact on a and tells you to try again after you have your baby. woman’s job, career, or financial stability.

• Your employer allows people to take paid leave for various

Many employers are unaware of their legal obligations and still injuries that occur outside the workplace but refuses to allow operate under old-fashioned ideas about pregnant or parenting you to take paid leave to recover from complications from women in the workplace. Thus, it is critical that you know how to childbirth.

identify discrimination on these grounds and are aware that you

• You apply for a job and the employer asks you if you are

have rights you can assert to protect yourself. pregnant or planning to have a child during the interview. Some examples of discriminatory or unlawful conduct include:

• You ask for a private location to pump milk at work and you are

told to pump in the bathroom.

• Your employer fires you shortly after learning you are pregnant

or starts issuing you negative employment evaluations. • You ask for breaks to pump milk at work and you are told that is not an option given the nature of your work. You are then disciplined every time you take a break to pump.

What are My Legal Rights?

NON-DISCRIMINATION: Under federal law, which or childbirth. applies to employers with 15 or more employees, or under • A request to work from home or to change your work schedule. New York State law, which applies to all employers, an

• A request for a fan based on workplace conditions and impact

employer is prohibited from treating you less favorably on your pregnancy. on the basis of pregnancy, childbirth, or a related medical condition.181 Discrimination on these grounds is a form of sex • A request to work at an alternative site if you work in a very hot discrimination. In New York, it may also constitute familial location.

status discrimination. Under the federal Pregnant Workers Fairness Act, covered This means that it is unlawful for an employer to pass you employers (those with at least 15 employees) must now provide over for a job or promotion, fire you, pay you less, or deny you reasonable accommodations for a worker’s known limitations workplace opportunities or benefits because you are pregnant. related to pregnancy, childbirth, or associated medical Your employer cannot force you to take a leave of absence conditions, unless the accommodation would cause an undue upon learning of your pregnancy or related medical condition, hardship for the employer.182 You employer cannot require you unless you are prevented from performing your duties in a to accept an accommodation without a discussion, require you reasonable manner. to take leave if another reasonable accommodation would allow you to keep working, or retaliate you for requesting or using a REASONABLE ACCOMMODATIONS: If you are pregnant reasonable accommodation.183 and working, you may need to request certain adjustments to your work conditions in order to fulfill your duties while Pregnancy itself is not a disability, however, you may also be pregnant. This is called a reasonable accommodation. entitled to a reasonable accommodation under federal and state disability laws, if you have medical condition as a result of Examples of Reasonable Accommodation Requests:

pregnancy or childbirth that qualifies as a disability,184 such as

• A request for additional bathroom breaks. hypertension, severe nausea, sciatica, or gestational diabetes.

Your employer must work with you to find a reasonable

• A request to use of a chair or to take periodic rest if you stand

accommodation that works for you so long as it does not for long periods of time. create an undue hardship for the employer or prevent you from

• A request to be transferred to a job with lighter duty if you have

completing your essential work functions. to do lifting above the limit specified by your doctor.

• A request to take leave for a condition arising from pregnancy

NOTE: Under federal law, a person with a disability Under the federal Family and Medical Leave Act (FMLA) you is defined as a person who has a physical or mental may be eligible for 12 weeks of unpaid, job-protected leave impairment that substantially limits one or more major to recover from a serious health condition, which can include life activities, a person who has a history or record of such health conditions that arise from pregnancy or childbirth. To an impairment, or a person who is perceived by others as be eligible, you must work for a private employer with more having such an impairment. Under New York State law, than 50 employees or a public employer, regardless of the a disability is defined as a physical, mental or medical number of employees. You must also have worked for your impairment resulting from anatomical, physiological, employer for at least 12 months for at least 1,250 hours over genetic or neurological conditions which prevents the the past 12 months. Effective January 1, 2025, pregnant exercise of a normal bodily function or is demonstrable employees in New York are eligible for up to 20 hours of paid by medically accepted clinical or laboratory diagnostic leave to attend prenatal appointments.188 techniques.185 SHORT-TERM DISABILITY BENEFITS: Under New York State Law, employers must provide temporary disability benefits Under New York State law, you are entitled to a reasonable for pregnancy and child-birth related disabilities.189 The typical accommodation if you have a pregnancy-related medical period of pregnancy-related disability is four to six weeks prior condition, unless the employer can show that it would be very to a woman’s due date and four to six weeks after delivery.

difficult or costly for your employer to comply.186 Your employer’s Eligible workers can receive 50% of the employee’s average refusal to do so may constitute unlawful discrimination. You are weekly wage capped at the maximum benefit allowed. required to provide medical documentation to verify the condition if your employer requests it.

FARMWORKERS: Farmworkers who meet program requirements are now eligible to receive disability benefits NOTE: If you are able to perform your work functions, it in New York State.190 is unlawful for your employer to force you to take unpaid leave and must let you keep working. If you can no longer HARASSMENT: It is unlawful for an employer, supervisor, co- perform your essential work functions and your employer worker, or client to harass a woman at work due to pregnancy, legitimately cannot provide a workable accommodation childbirth, or a related medical condition. For example, it or refuses to provide one because it is not legally required is unlawful for your boss or co-workers to make negative to do so, your employer may give you the option to go on comments about your pregnancy and then question your unpaid leave. This can create a host of problems. If you are ability to do your job. However, to be legally actionable, under placed in this position, speak with your employer and your state or federal law the harassment has to result in a negative doctor to see if there are any workable solutions that would employment action, such as termination, demotion, reduction allow you to keep your job.

in hours, or be so severe or frequent that it creates a hostile or offensive work environment. NYC: Protections are stronger if you work in New York BREASTFEEDING/LACTATION: Under the federal PUMP Act, City (NYC), where any employer with 4 or more employees employers must provide reasonable break time for employees must provide a reasonable accommodation for pregnancy, to express breast milk for nursing children for one year after childbirth, and related medical conditions (e.g., post-partum the child’s birth. Employees are entitled to a place to pump that depression, miscarriage, and abortion) to help you perform is not a bathroom and that is shielded from view and free from the essential functions of your job.187 Your employer can intrusion.191 This requirement may not apply to employers with still deny the request if it would be too difficult or costly fewer than 50 workers if it would impose an undue hardship.192 to comply or if the request prevents you from performing Under New York State law your employer, regardless of size, is the basic requirements of your job. Employers in NYC also prohibited from discriminating against you or penalizing you have an obligation to provide notice to new and existing for pumping breast milk at work.193 Additionally, New York employees about their rights under this provision.

State law now makes clear that lactation is a pregnancy-related TIME OFF: Under your employer policy or handbook, you may condition, which means that covered employers must provide be able to use available vacation, sick, or personal time off to reasonable accommodations for lactation needs. All employers address your needs. Note, that your employer may be engaging must provide a reasonable unpaid break or allow you to use paid in unlawful discrimination if it denies your request but has break time or meal time to pump breast milk for up to 3 years approved requests from your coworkers on other comparable after your child’s birth.194 Your employer must provide a room grounds such as for personal needs, doctor’s appointments, and or location close to your work area to pump in private (shielded family emergencies. Be sure to inform your employer in advance from view and intrusion).195 This should not be a bathroom.

and as early as possible and comply with your workplace policy Further, this room should have a chair, working surface, nearby for requesting and taking personal time off. As discussed access to clean running water, and (in workplaces supplied with above, you may also be able to request time off as a reasonable electricity) an electrical outlet.196 In NYC, additional protections accommodation. and requirements apply regarding lactation rooms and your 51 © 2024 Legal Momentum gnideeftsaerB htribdlihC ,ycnangerP

If you have concerns or believe that your rights have been REVIEW YOUR WORKPLACE POLICY, EMPLOYMENT violated, there are various actions you can take to advocate CONTRACT, AND/OR UNION CONTRACT: Your for yourself. In addition to the general guidance in Section 1, workplace policy or union contract may include stronger consider the following: protections, so you should review them to see if you are entitled to more than what the law requires. NOTIFY YOUR EMPLOYER ABOUT THE LAW: Many employers are not well-informed about their legal obligations, FILE AN ADMINISTRATIVE COMPLAINT: If your especially since there have been recent changes to the law. If employer did not appropriately address your discrimination you think that your employer is not complying with the legal complaint, you can contact or file a formal administrative requirements above or is improperly denying you a benefit to complaint. Depending on the type of benefit you are seeking, which you are entitled, consider speaking with your employer the agency may vary. To file a discrimination complaint or and notifying them about the legal requirements. You can to challenge the denial of a reasonable accommodation speak with a legal services organization or advocate like request, you can file with your local equal employment agency, Legal Momentum, to get more guidance on whether you are the New York State Division of Human Rights (https://dhr. covered and how to speak with your employer. ny.gov/contact-us), or the EEOC (https://www.eeoc.gov//field/ newyork/charge.cfm)..

52 © 2024 Legal Momentum gnideeftsaerB htribdlihC ,ycnangerP employer must have a written lactation accommodation policy employer is violating the law if it fires you, demotes you, in place.197 If you know that you plan to pump, you should notify suspends you, cuts your pay or work hours, assigns you more your employer in advance so that necessary arrangements can difficult work duties, or starts issuing poor performance be made. Effective June 19, 2024, New York employees are evaluations to punish you for asserting your rights.

entitled to up to thirty minutes of break time to express breast Note that while retaliation is illegal, there are always risks to milk for up to three years after the birth of a child.198 reporting and your employer may still penalize you for taking RETALIATION: It is unlawful for your employer to engage action. If that happens, remember that retaliation is a separate in “retaliation” (punish you) if you address or challenge violation of the law. This means that, in some cases, even if an discrimination on the basis of pregnancy, childbirth, or a employer is found not to have discriminated against you, they related medical condition or for requesting a reasonable may still be held accountable for retaliating against you and accommodation on these grounds. This means that your may be required to pay damages.

violated, there are various actions you can take to advocate CONTRACT, AND/OR UNION CONTRACT: Your for yourself. In addition to the general guidance in Section 1, workplace policy or union contract may include stronger consider the following: protections, so you should review them to see if you are entitled to more than what the law requires.

NOTIFY YOUR EMPLOYER ABOUT THE LAW: Many employers are not well-informed about their legal obligations, FILE AN ADMINISTRATIVE COMPLAINT: If your especially since there have been recent changes to the law. If employer did not appropriately address your discrimination you think that your employer is not complying with the legal complaint, you can contact or file a formal administrative requirements above or is improperly denying you a benefit to complaint. Depending on the type of benefit you are seeking, which you are entitled, consider speaking with your employer the agency may vary. To file a discrimination complaint or and notifying them about the legal requirements. You can to challenge the denial of a reasonable accommodation speak with a legal services organization or advocate like request, you can file with your local equal employment agency, Legal Momentum, to get more guidance on whether you are the New York State Division of Human Rights (https://dhr.

covered and how to speak with your employer. ny.gov/contact-us), or the EEOC (https://www.eeoc.gov//field/ newyork/charge.cfm).

10.

Paid Family Leave: If you have worked enough days and hours, you have the right to paid, job-protected leave to care for a newborn, a newly adopted child, or a sick family member, or to address certain family needs that result from military deployment. You may also have the right to other forms of leave to assist you with caring for yourself and your family..

53. © 2024 Legal Momentum. Paid Family Leave: Whatever the case is, no working American should ever have to choose between their family members and a paycheck….But if you don’t have paid leave, that’s exactly the choice you have to make and this is especially true if you are working in a low-wage job.” — Kirsten Gillibrand, U.S. Senator, N.Y. © 2024 Legal Momentum 53.

right to paid, job-protected leave to care for a newborn, a newly adopted child, or a sick family member, or to address certain family needs that result from military deployment. You may also have the right to other forms of leave to assist you with caring for yourself and your family. Whatever the case is, no working American should ever have to choose between their don’t have paid leave, that’s exactly the choice you have to make and this is especially true if you are working in a low-wage job.” — Kirsten Gillibrand, U.S. Senator, N.Y.

Women have historically been expected to take on family care families. Getting paid to take leave to care for your family is responsibilities and many women willingly choose to do this essential to your economic equality, and in New York State, you critical, difficult, and undervalued task. Whether by necessity are now likely covered and have access to some degree of paid or choice, it is essential that women no longer incur a financial family leave.

penalty or sacrifice their economic security to care for their

What is Paid Family Leave and When Can You Take It?

If you work for a private employer in New York State, you may partner, grandchild, or grandparent. A serious health condition be eligible under New York State law199 to receive Paid Family includes illness, injury, impairment, or a physical or mental Leave to: condition that involves inpatient care or continuing treatment by a health care provider.

Bond with a new child, including adopted and foster children within 12 months of a child’s birth or placement for adoption or Address certain military family needs when a family member foster care. (spouse, domestic partner, child, or parent) has been called Care for a family member who has a serious health condition, to active military duty (note: only “qualifying exigencies” are including a child, parent, parent-in-law, sibling, spouse, domestic covered).

Who is Protected by the Law?

You are eligible to take leave if you work for a private employer IMMIGRATION STATUS: You can claim benefits in New York State and you are employed full-time for 20 or more regardless of your immigration status and regardless of hours per week for 26 consecutive weeks (about 6 months); OR the number of workers employed by your employer.

part-time for less than 20 hours per week once you have worked a total of 175 days. If you work for a government agency, you may not be covered. However, individual agencies can opt-in to DOMESTIC WORKERS: If you meet the eligibility the plan, so check with your employer. requirements, you are covered regardless of the size of Note that you may not be eligible if your employer is party to your employer, which means you are covered even if you a collective bargaining agreement that provides benefits that are a domestic worker who is the only person working for are as favorable as, or better than, benefits provided under your employer. As of January 1, 2022, paid leave benefits this program. If you are a member of a union, check with your have been extended to domestic workers hired directly union representative.

by a private homeowner who work 20 or more hours a week for the private homeowner.201 These workers are FARMWORKERS: Farmworkers who meet program eligible to take Paid Family Leave once they have been in requirements are now eligible to receive paid family leave employment for 26 consecutive weeks.202 and disability benefits in New York State.200 54 © 2024 Legal Momentum evaeL ylimaF diaP

Why is Paid Family Leave Important for Women?

Be Reimbursed?

Eligibility for Other Related Benefits or Your employer may provide more comprehensive paid family leave. However, if it does not, it must provide paid family leave to Protections eligible workers in compliance with New York State law. HEALTH BENEFITS: If you were receiving health insurance You may be eligible for up to 12 weeks of paid leave. Leave can benefits from your employer, you are entitled to the same be taken all at once or intermittently in smaller units such as in health benefits under the same premiums.

weekly or daily increments. Eligible employees are entitled to FAMILY & MEDICAL LEAVE: If you work for a private partial income replacement at 67% of their average weekly wage, employer with 50 or more employees, a public employer, or up to the cap. Payments are capped at the state’s average weekly a public or private elementary or secondary school, you are wage, determined annually. Benefits are payable from the first day likely covered under the federal Family and Medical Leave Act of paid leave. (FMLA).204 The FMLA provides covered employees with up to 12 weeks of job protected, unpaid family or medical leave for To determine the current maximum weekly benefit, and for more employees who worked for their employer for at least 12 months information, visit: https://paidfamilyleave.ny.gov.203 and worked at least 1,250 hours over the past 12 months. An eligible employee can take leave 1 for the birth and care of a Benefits are funded by employee contributions made by all employees newborn child; 2 for the placement of a child through adoption or (unless exempt) through a small payroll deduction. Your paystub will foster care; 3 to care for an immediate family member (spouse, show if these contributions are being withheld from your paycheck. child, or parent) with a serious health condition; (Effective as of Employers cannot deduct more than what the law allows. January 1, 2023, the definition of family member will expand to include siblings.) 4 to recover from the employee’s own serious HOW DO I REQUEST LEAVE? If you think you are eligible and health condition; or 5 to address certain military family needs.

want to take paid family leave, you should try and request leave in DISABILITY: Under New York State Law, employers must writing as early as possible and you must provide 30 days notice for provide disability benefits to eligible workers for off-the-job events that you are aware of in advance, such as childbirth.

injury or illness, which includes pregnancy and child-birth related disabilities.205 The typical period of pregnancy-related If your employer requests documentation, you will need to submit disability is four to six weeks prior to a woman’s due date and it to verify your need to take leave. four to six weeks after delivery. Eligible employees can receive 50% of their average weekly wage capped at the maximum When requesting leave, you must 1 make your employer aware benefit allowed. While Paid Family Leave and FMLA both of the qualifying event, 2 explain the anticipated timing and provide job protection, leave for disability does not guarantee duration of the leave, and 3 identify the type of family leave you are job protection unless you are also covered by FMLA. That requesting. After you provide this information, it is your employer’s means that if you take disability leave, your employer is not responsibility to seek any additional information they need. required to bring you back once your leave has ended.

Your employer should provide you with a written application, PAID SICK TIME: In New York State, employees accrue sick leave at a rate of one hour of leave for every 30 hours which will be submitted to your employer’s paid family leave worked. Employees of employers with 100 or more employees insurance carrier.

accrue up to 56 hours of paid sick leave per year; employees JOB PROTECTION & RETALIATION: It is unlawful for your of employers with 5 to 99 employees accrue up to 40 hours of paid sick leave per year; and employees of employers with employer to discriminate or retaliate against you for taking the 4 or fewer employees accrue up to 40 hours of unpaid sick leave for which you qualify. You are entitled to job protection, leave per year.206 Employees can use this leave for their own which means that your employer is prohibited from firing you for mental or physical illness, injury, or health condition, or that of taking paid family leave and you must be reinstated to the same a family member; or for the diagnosis, care, or treatment of an or an equivalent position when you return. illness, injury, or health condition of the employee or a family member.207

If you have concerns or believe that your rights have been reinstatement, lost compensation, and repayment of certain violated, there are various actions you can take to advocate fees. Your employer may also have to pay fines or penalties for yourself. In addition to the general guidance in Section to the state. 1, consider the following: To seek reinstatement, you must first file a request REQUEST LEAVE IF YOU NEED TO TAKE IT: Set up with your employer and the New York State Workers’ a meeting with your employer to discuss your need to Compensation Board (WCB) and give your employer 30 days take leave. Make sure that you are giving your employer to reinstate you or respond to your request, before filing a sufficient notice and be prepared to submit documentation to verify your need to take leave. complaint with the WCB. To initiate other actions, you must file a complaint with the WCB, which will hold a hearing. CHALLENGE IMPROPER DENIALS: You may wish to challenge your employer’s determination if you believe Additional information on how to file a complaint with the you were improperly denied leave benefits, your employer WCB is available at http://www.wcb.ny.gov. You can contact retaliated against you for requesting leave, you were not the WCB at: 877-632-4996. Language assistance services restored to the same or comparable position after taking are available. If you need further assistance, you can leave, or you were denied health benefits while on leave. contact Legal Momentum’s Helpline: 212-925-6635, ext. You may be entitled to certain remedies such as 650, https://www.legalmomentum.org/get-help..

violated, there are various actions you can take to advocate fees. Your employer may also have to pay fines or penalties for yourself. In addition to the general guidance in Section to the state. 1, consider the following: To seek reinstatement, you must first file a request REQUEST LEAVE IF YOU NEED TO TAKE IT: Set up with your employer and the New York State Workers’ a meeting with your employer to discuss your need to Compensation Board (WCB) and give your employer 30 days take leave. Make sure that you are giving your employer to reinstate you or respond to your request, before filing a sufficient notice and be prepared to submit documentation to verify your need to take leave. complaint with the WCB. To initiate other actions, you must file a complaint with the WCB, which will hold a hearing.

CHALLENGE IMPROPER DENIALS: You may wish to challenge your employer’s determination if you believe Additional information on how to file a complaint with the you were improperly denied leave benefits, your employer WCB is available at http://www.wcb.ny.gov. You can contact retaliated against you for requesting leave, you were not the WCB at: 877-632-4996. Language assistance services restored to the same or comparable position after taking are available. If you need further assistance, you can leave, or you were denied health benefits while on leave.

contact Legal Momentum’s Helpline: 212-925-6635, ext. You may be entitled to certain remedies such as 650, https://www.legalmomentum.org/get-help. 56 © 2024 Legal Momentum evaeL ylimaF diaP SICK LEAVE - NYC: Employers in New York City with 5 COMBINING BENEFITS: Employees can receive disability or more employees or that employ one or more domestic benefits to recover from childbirth and also take paid family workers are required under the city’s Earned Sick Time Act leave for bonding with the child, but they cannot receive both to provide paid sick leave to employees.208 Employers must benefits at the same time. Based on needs, an employee can make provide a minimum of 1 hour sick time for every 30 hours arrangements to receive benefits consecutively. If you are covered worked Eligible employees can also take sick leave to care for by New York State’s Paid Family Leave and federal FMLA, you can a close family member. take leave under both laws; however, an employer can require you to take time off for the same event at the same time, provided they notify you of this requirement prior to the start of your leave.

11.

Child Care Assistance & Protections for Caregivers: It is unlawful for an employer to discriminate against you because you have children. Based on your income, you may be eligible for child care assistance to help you get or keep a job..

57. © 2024 Legal Momentum. Child Care Assistance & Protections for Caregivers: The closing of child care centers throughout the country certainly is bringing to light the fact that these centers were a real need . . . a need which was constantly with us, but one that we had neglected to face in the past. Now mothers have had the opportunity of going to work and leaving their children in a center where they felt secure . . . . They were able to work better and they were less exhausted physically . . . . These children are future citizens, and if they are neglected in these early years it will hurt not only the children themselves, but the community as a whole.” — Eleanor Roosevelt, First Lady and U.S. Delegate to the United Nations on the closing of child care centers following World War II © 2024 Legal Momentum 57.

Child Care Assistance & Protections for Caregivers you because you have children. Based on your income, you may be eligible for child care assistance to help you get or keep a job. The closing of child care centers throughout the country certainly is bringing to light the fact that these centers were a real need . . . a need which was constantly with us, but one that we had neglected to face in the past. Now mothers have had the opportunity of going to work and leaving their children in a center where they felt secure . . . . They were able to work better and they were less exhausted physically . . . . These children are future citizens, and if they are neglected in these early years it will hurt not only the children themselves, but the community as a whole.” — Eleanor Roosevelt, First Lady and U.S. Delegate to the United Nations on the closing of child care centers following World War II

If you are a woman who has recently had a child and you are changes that would help you return to work while still giving you the seeking to return to work, you may face obstacles trying to find opportunity to care for your child. If you are facing these obstacles, high quality affordable child care options. You may also have you have certain rights and may be able to access certain benefits difficulty receiving assistance from your employer to get workplace to assist with child care.

What are My Legal Rights if I Care for a Young Child?

In New York State, your employer is prohibited from Are There Programs or Benefits Available discriminating against you based on your familial status.209

to Assist with Child Care?

This means that it is unlawful for an employer to discriminate against you because you have children under the age of 18. In New York, if your family meets the state’s low-income Examples of discrimination include: guidelines, you may be able to receive financial assistance from the Office of Children and Family Services to help you pay for

• An employer decides not to hire you after expressing

child care while you 1 work, 2 look for work, or 3 attend employee concerns about your child care responsibilities. trainings. Individuals on Temporary Assistance are generally

• Your boss promotes another employee over you even though guaranteed childcare if they need it to meet work participation

requirements and for up to one year after leaving temporary you have more experience because he was concerned about assistance if they left for a job and need child care to work. your child care responsibilities. Families receiving assistance can typically choose any legal child Since it can sometimes be difficult to prove your employer’s care provider.

motivation, it is important that you pay close attention to Your county Department of Social Services (Human Resources cues and statements they make regarding your child care Administration (HRA), in New York City) determines eligibility responsibilities and keep track of your job performance. based on income, need, and your child’s age. You must contact NYC: If you work in New York City, for an employer with your county Social Services office to find out if you are eligible or four or more employees to discriminate against you to apply.

because you are a caregiver.210 This means, you cannot be For a listing, visit: https://ocfs.ny.gov/main/localdss.asp. discriminated against because you care for 1 a child under 18 (including adopted or foster children), 2 other individuals For more information, visit: https://ocfs.ny.gov/main/childcare/ such as parents, siblings, spouses, domestic partners, paying.asp.

grandparents, or grandchildren who are sick or have a Additional child care subsidy programs may exist in your locality. disability, or 3 anyone with a disability who lives with you For example, the Workforce Development Institute offers a child and depends on you for medical or daily care. care subsidy program that covers Albany, Erie, Monroe, Oneida, Can I Request a Reasonable Onondaga, Rensselaer, Saratoga, and Schenectady Counties. For more information, visit: https://wdiny.org/Services/Workforce- Accommodation to Help Address Child Support/Child-Care-Subsidy-Program.

Care Responsibilities?

Are There Programs or Benefits Available

While the law does not specifically grant you a right to a to Help Send My Child to Preschool?

reasonable accommodation when child care issues arise, keep in mind that it is unlawful for your employer to treat you less Free preschool is not available throughout the state. Free Pre- favorably than others who need workplace flexibility. So, your Kindergarten is available to all NYC kids, and based on the year employer may be discriminating against you if they refuse to your child was born, your 3- or 4-year-old is guaranteed a seat in grant you more flexibility in your schedule to attend to child a public school, although the school may not necessarily be close care responsibilities whereas they grant others flexibility on to where you live.

grounds that are also not guaranteed under the law. Free Pre-kindergarten in New York City runs 5 days a week from September to June with full-day (6 hours and 20 minutes) and

If you have concerns or believe that your rights have been internally if you seek to hold your employer accountable in an violated, there are various actions you can take to advocate administrative forum or in court. Speak with a legal services for yourself. In addition to the general guidance in Section 1, organization or advocate for further guidance. consider the following: FILE AN ADMINISTRATIVE COMPLAINT: If your IDENTIFY LOCAL RESOURCES: In addition to consulting employer did not appropriately address your discrimination your local Department of Social Services, it is important to complaint, you can contact or file a formal administrative speak with and reach out to local community members and complaint with the New York State Division of Human Rights organizations when researching and identifying affordable (https://dhr.ny.gov/contact-us). If you work in a locality like child care options. Local communities often maintain list- New York City that prohibits discrimination based on you serves or other useful resources that can provide useful familial or caregiver status, you can file a complaint with your information. local fair employment agency. In New York City, you can file with the New York City Commission on Human Rights (https:// NOTIFY YOUR EMPLOYER ABOUT THE LAW: Since the www1.nyc.gov/site/cchr/enforcement/complaint-process. adoption of protections based on familial or caregiver status page). are relatively new, many employers are not well-informed about their legal obligations. If you think that your employer is FILE A LAWSUIT: If you feel like your employer did not.

discriminating against you based on your familial or caregiver appropriately address your discrimination complaint, you can.

status and it is adversely impacting your employment, file a lawsuit against your employer under the New York State consider speaking with your employer and notifying them Human Rights Law and/or any applicable local laws, such as about applicable legal requirements and/or reporting the the New York City Human Rights Law. Consult an attorney or discrimination. Generally, you must report the discrimination legal advocate for guidance..

Are There Programs or Benefits Available some half-day options. Applications for the next school year typically open in the winter. For more information, visit: https://

to Help with Afterschool Coverage?

www.schools.nyc.gov/enrollment/enroll-grade-by-grade/pre-k. Your child may also qualify for free 3-K for three year olds. New York City offers a variety of afterschool programs for school-age children. To find out more information about available programs, visit: https://www.schools.nyc.gov/school-life/school- environment/after-school.

59 © 2024 Legal Momentum srevigeraC rof snoitcetorP ecnatsissA eraC dlihC violated, there are various actions you can take to advocate administrative forum or in court. Speak with a legal services for yourself. In addition to the general guidance in Section 1, organization or advocate for further guidance.

consider the following: FILE AN ADMINISTRATIVE COMPLAINT: If your IDENTIFY LOCAL RESOURCES: In addition to consulting employer did not appropriately address your discrimination your local Department of Social Services, it is important to complaint, you can contact or file a formal administrative speak with and reach out to local community members and complaint with the New York State Division of Human Rights organizations when researching and identifying affordable (https://dhr.ny.gov/contact-us). If you work in a locality like child care options. Local communities often maintain list- New York City that prohibits discrimination based on you serves or other useful resources that can provide useful familial or caregiver status, you can file a complaint with your information. local fair employment agency. In New York City, you can file with the New York City Commission on Human Rights (https:// NOTIFY YOUR EMPLOYER ABOUT THE LAW: Since the www1.nyc.gov/site/cchr/enforcement/complaint-process.

adoption of protections based on familial or caregiver status page). are relatively new, many employers are not well-informed about their legal obligations. If you think that your employer is FILE A LAWSUIT: If you feel like your employer did not consider speaking with your employer and notifying them Human Rights Law and/or any applicable local laws, such as about applicable legal requirements and/or reporting the the New York City Human Rights Law. Consult an attorney or discrimination. Generally, you must report the discrimination legal advocate for guidance.

12.

Public Benefits: Based on your income, you may be eligible for critical public benefits, including cash assistance, food assistance, free healthcare, and housing assistance. If your benefits are denied or terminated, you must be informed in advance and have an opportunity to contest the determination. If you do not speak English and need assistance, you can request language assistance (translation and interpretation)..

60. Public Benefits: Remember that no one succeeds alone. Never walk alone in your future paths.” — Justice Sonia Sotomayor, Associate Justice of the Supreme Court of the United States © 2024 Legal Momentum.

public benefits, including cash assistance, food assistance, free healthcare, and housing assistance. If your benefits are denied or terminated, you must be informed in advance and have an opportunity to contest the determination. If you do not speak English and need assistance, you can request language assistance (translation and interpretation).

If you are a woman with a low income, you may face many you should know that the administering agency is typically challenges trying to make ends meet. If you are not already prohibited from terminating your benefits or denying assistance receiving public benefits, you should know that, whether you unless you are informed in advance and have an opportunity are employed or unemployed, you may qualify for various to contest the determination. If you need benefits but don’t types of assistance, including cash or food assistance; free know how to get them because you don’t speak English, you are healthcare, including prenatal care; housing assistance; and/ entitled to language assistance.

or unemployment benefits. If you already receive benefits,

What Kinds of Benefits are Available?

Cash Assistance VICTIMS OF DOMESTIC VIOLENCE: If you are a domestic violence victim and you are concerned that meeting If you are a person in need of assistance due to low or no income, certain requirements to obtain temporary assistance may you may qualify for cash assistance under New York’s Temporary place you or your children at greater risk of harm or make it Assistance for Needy Family (TANF) programs211 Eligible families difficult to escape, you may request a waiver to temporarily and individuals with low-income may receive up to 60 months of delay those requirements. If you request a waiver, you will be federally funded cash assistance to help if you are unable to work, screened for domestic violence. For more information, visit:

cannot find a job, or if your job does not pay enough to allow you https://opdv.ny.gov/financial-compensation. In NYC, you may to support yourself or your family. You may also be able to receive also be eligible for emergency assistance in the form of a specific assistance to cover the cost of home energy, shelter, and “One Shot Deal” to address domestic violence issues, which fuel, or to receive additional support during certain emergency you should ask about at your HRA office. You should also situations.

consider speaking with a domestic violence advocate about To determine if you are eligible, you must file an application safety planning. Visit section 7 on Domestic Violence, Sexual with your county Department of Social Services. To find your Assault, and Stalking for more information. local Department of Social Services visit: https://otda.ny.gov/ workingfamilies/dss.asp.

Food Assistance NYC: Note that if you live in New York City, you must apply for assistance through the Human Resources Administration If you are person in need of assistance due to low or no (HRA) at a local job center. You may also be eligible to income, you may qualify to receive food assistance under New receive emergency financial assistance through a one-time York’s Supplemental Nutrition Assistance Program (SNAP).

emergency grant called a “One Shot Deal” to prevent eviction, The program issues electronic benefits provided through an address domestic violence, pay energy or utility bills, or Electronic Benefit Transfer (EBT) card that provides money for buy health-related items. Assistance is available regardless you to purchase food at authorized stores. To be eligible, you of immigration status. For more information, visit: https:// must meet certain income requirements. If you are eligible, your portal.311.nyc.gov/article/?kanumber=KA-01104. allowance will depend on your household size.214 Benefits are administered by the NYS Office of Temporary and IMMIGRATION STATUS: Eligibility for cash Disability Assistance (OTDA). For more information, you should assistance is limited to U.S. citizens or individuals with contact your local Department of Social Services (https:// certain eligible immigration status, provided you meet otda.ny.gov/workingfamilies/dss.asp) or call the OTDA hotline:

program requirements.212 To see if you are eligible, contact 1-800-342-3009. your local Department of Social Services. You can obtain a copy of the SNAP application here: https://otda. ny.gov/programs/apply/#snap, or you can apply online at https:// NOTE: Receiving cash assistance (and possibly other mybenefits.ny.gov/mybenefits/begin, in person at your local office types of benefits) may affect your immigration case.213 or SNAP center, or in writing by mailing or faxing a completed For guidance, contact a lawyer or legal advocate. application.

Visit: https://www.ilrc.org/public-charge or see the Additional Resources section at the end of this Toolkit. Once you file an application the office will review it, conduct an interview, and determine your eligibility. If you qualify, you must receive assistance no later than 30 days from the date the local district received your application.

stfieneB cilbuP Accessing Public Benefits

SCHOOL FOOD PROGRAMS: If your child attends a public IMMIGRATION STATUS: Eligibility for public health school, your child may qualify to receive free or reduced price insurance programs is limited to U.S. citizens or individuals breakfast and/or lunch at school depending on your income, with certain eligible immigration status, provided you meet family size, and the school that your child attends. For more program requirements. However, all children, regardless of information, ask your school about whether it offers breakfast immigration status, are eligible for health insurance under and lunch programs.

New York State’s Child Health Plus program. If you are NYC: Breakfast and lunch are free for all students in every pregnant, you are eligible to receive prenatal care through NYC public school. For more information, visit: http://www. Medicaid, regardless of your immigration status. Adults schoolfoodnyc.org/freelunch/freelunch.htm. may also be eligible for Medicaid coverage for emergency medical conditions regardless of immigration status. For The Free Summer Meals program provides children and more information, visit https://www1.nyc.gov/site/ochia/ young adults (18 years old and younger) with free breakfast find-what-fits/immigrants.page.

and lunch at select schools, parks, pools, libraries, and food trucks in all 5 boroughs. To find a location visit: http://www. schoolfoodnyc.org/sch_search/summerNew.aspx. Assistance for Mothers with Low Income IMMIGRATION STATUS: Eligibility for food assistance through SNAP is limited to U.S. citizens or If you are a woman with a low-income who is pregnant, individuals with certain eligible immigration status, breastfeeding, or recently had a child, you and your children (up provided you meet program requirements. To see if you to the age of 5) may be eligible to receive nutrition education, are eligible, contact your local Department of Social breastfeeding support, referrals, and assistance to purchase Services. Note that eligibility for a school food program a variety of nutritious foods under the Special Supplemental does not depend on your immigration status. Additionally, Nutrition Program for Infants and Children (WIC). The purpose food pantries typically provide assistance to individuals of these benefits is to improve your family’s health and nutrition.

regardless of immigration status. The program is administered by the NYS Department of Health, which issues checks to eligible recipients to purchase certain nutritious foods listed on the WIC Acceptable Foods Card at Healthcare authorized WIC stores. If you and/or your children are in need of healthcare and you To apply, you will need to make an appointment with a local have low or no income, you may qualify for Medicaid, Medicare, agency that provides WIC services: https://www.health.ny.gov/ the Children’s Health Insurance Program (CHIP) or Child Health prevention/nutrition/wic/local_agencies.htm.

Plus in New York State. Medicaid and CHIP provide free or low- For more information on eligibility and how to apply, visit: https:// cost health coverage if you do not earn an income or earn a low www.health.ny.gov/prevention/nutrition/wic/how_to_apply. income that falls within the eligibility requirements.

To qualify for Medicaid in New York State, you must be a resident IMMIGRATION STATUS: Benefits under the WIC of New York State, not have healthcare, and qualify as low or very program are available regardless of immigration status. low income. To qualify for Child Health Plus or Children’s Medicaid, or be pregnant, you must have a low or very low-income, and you Housing Assistance cannot be covered by private health insurance.

Benefits may cover things like wellness visits and physical Various federal, state, and locally funded programs provide exams; immunizations; surgery; emergency care; hospital care; housing assistance to eligible low- and moderate-income prescription and non-prescription drugs; pediatric dental, vision, families in New York State. Through these programs, you may speech, and hearing; and maternity and newborn care. be able to find a subsidized unit, which is typically referred to as public housing, or receive a voucher to supplement your monthly Note that whether your healthcare coverage is through Medicaid, rent payments under what is typically referred to as the Section your employer, or an individual plan, your insurance should not 8 or Housing Choice Voucher Program.

be charging you out-of-pocket expenses for certain preventive services for women such as wellness visits, contraception, Eligibility for programs is typically based on your annual gross pregnancy-related services, breastfeeding help, and breast income and may also depend on other factors such as your age, disability status, or family size. Income limits vary by area.

and cervical cancer screenings.215 For more information, go to: https://www.health.ny.gov/community/adults/women/comp_cov_ For both public housing and Section 8, certain applicants may womens_prevent_care.htm. qualify for priority placement; for example, providers typically give priority to victims of domestic violence, dating violence, sexual assault, or stalking.

To apply for public housing, contact your local housing authority, NYC: In New York City, homelessness prevention services which can be found here: https://www.hud.gov/topics/rental_ can be obtained through Homebase, a program administered assistance/phprog. by community-based organizations in high-need neighborhoods that offer a range of services such as eviction To find out more about applying for Section 8 assistance in New prevention, assistance obtaining benefits, emergency rental York State, visit: http://www.nyshcr.org/Programs/Section8HCV/. assistance, education and job placement assistance, financial counseling, and short-term financial assistance. For more NYC: In New York City, the Section 8 programs are information or to find your local Homebase office, https:// administered by the NYC Housing Authority, NYC Housing www1.nyc.gov/site/hra/help/homebase.page.

Preservation and Development, and New York State Housing and Community Renewal. https://www1.nyc.gov/site/nycha/ SHELTERS: There are a large number of shelters across New section-8/applicants.page. York State that provide emergency shelter and services if you are already homeless and need to find permanent housing. These FREE HOUSING COURT ASSISTANCE IN NYC: If shelters are operated by local social service districts or by local you are a tenant with a low-income and you have a case in providers. There are also a range of support services programs housing court in NYC, you may be eligible to receive free legal run by the NYS Housing and Support Services, such as the assistance. To find out more information, visit: http://www.

Homeless Housing and Assistance Program (HHAP). nycourts.gov/courts/nyc/housing/legalassistance.shtml. If you are homeless in New York State and need assistance SEXUAL HARASSMENT IN HOUSING: It is not uncommon finding a shelter and support services, contact the Department of for landlords to abuse their positions of power to sexually Social Services in your county, which can be located here: https:// harass or assault tenants and prospective tenants. It is illegal otda.ny.gov/workingfamilies/dss.asp.

for a landlord or housing services provider to discriminate against you on the basis of your sex or to subject you to sexual To find a housing service provider by region or by program, visit: harassment.216 This means that your landlord or housing provider https://otda.ny.gov/programs/housing/providers/.

is prohibited from engaging in offensive conduct, such as making comments about your looks or your body, or requiring you to go NYC: In New York City, you are entitled to receive temporary on a date or engage in sexual conduct in order to obtain housing emergency shelter when you have no other housing options.

or, to avoid a rent increase. In fact, because New York City has a “right to shelter” mandate, you are guaranteed at least temporary emergency If you experience discrimination or harassment, you can file shelter, so long as you are eligible.217 If you are homeless a complaint with the U.S. Department of Housing and Urban and you are a family, single pregnant woman, or a single Development (HUD). For more information on filing a complaint, adult, you can apply for a spot at a shelter. Shelters are visit: https://www.nyc.gov/site/hpd/services-and-information/ also available to youth in crisis and pregnant youth in crisis tenant-harassment.page. You can also file a complaint with the who are under 21 and homeless. Special shelter options are New York State Division of Human Rights or your local equal available if you are a homeless veteran.

opportunity agency. Once you apply, the NYC Department of Homeless Services NYC: In New York City, it is also illegal for your landlord to (DHS) will do an assessment to see if you are eligible. If you harass you to try to get you to leave your apartment. For qualify, you can remain in the shelter for a while, however, you more information or to report an issue, visit: https://www1. will have to comply with certain requirements to keep your nyc.gov/site/hpd/renters/harassment.page. You can also file spot, such as actively searching for permanent housing and a complaint with the New York City Commission on Human employment (if you are unemployed).

Rights. For more information, or to find a Shelter Intake Center in SUPPORT SERVICES AND HOMELESSNESS NYC: visit: https://access.nyc.gov/programs/homeless- PREVENTION: If you are at risk of homelessness, there are a intake-shelters-and-drop-in-centers-dics/#how-to-apply. range of support services programs run by Housing and Support Services, such as the Solutions to End Homelessness Program Note that if you do not speak English, interpretation (STEHP) and the New York State Supportive Housing Program assistance is provided.

(NYSSHP). These services are designed to provide essential For additional Resources for families in shelters in New York services to help you stabilize your housing situation and to City, visit: https://www1.nyc.gov/assets/dhs/downloads/pdf/ increase your self-sufficiency. desk-guide-of-housing-resources-for-families-in-shelter.pdf.

If you live in New York State and are at risk of becoming

Shelters For Victims Of Domestic Violence

homeless, contact the Department of Social Services in - NYC: Survivors of domestic violence residing in New York your county, which can be located here: https://otda.ny.gov/ City may receive temporary housing, emergency shelter, and workingfamilies/dss.asp. supportive services for themselves and their children through To find a housing service provider by region or by program, visit: the Human Resources Administration and Safe Horizon.

FARMWORKERS: Farmworkers who meet program requirements are now eligible to receive unemployment insurance.220: IMMIGRATION STATUS: Under federal law, if you are not a U.S. citizen, you must have valid employment authorization at the time you earned wages and at the time you are looking for work in order to be eligible for unemployment benefits.221.

64 © 2024 Legal Momentum stfieneB cilbuP Safe Horizon offers 8 confidential domestic violence shelters an immediate family member. If this is the case, you must make located throughout New York City. For more information, this clear in your application for unemployment benefits. call 1-800-621-HOPE, or visit: https://www.safehorizon.org/ domestic-violence-shelters/.

FARMWORKERS: Farmworkers who meet program requirements are now eligible to receive unemployment IMMIGRATION STATUS: To be eligible for assistance insurance.220 for public housing or Section 8 assistance, at least one household member, which could include a minor child, IMMIGRATION STATUS: Under federal law, if you must be a citizen or have eligible immigration status.218 are not a U.S. citizen, you must have valid employment If you receive benefits, your family’s rental subsidy will authorization at the time you earned wages and at the be “pro-rated” or adjusted based on each member of the time you are looking for work in order to be eligible for household who does not have eligible status, which means unemployment benefits.221 you will likely receive less assistance on that basis.219 In NYC, access to shelters is available to individuals and families who have no other safe place to stay regardless of Tax Credits immigration status.

Working families and individuals with low or moderate incomes can benefit from certain tax credits if they are eligible. These Unemployment Benefits tax credits include the Earned Income Tax Credit for low-and moderate-income working people, and the Child Tax Credit (CTC), In New York State, unemployment insurance provides temporary which help working families offset the cost of raising children by income for eligible workers who lose their jobs through no fault providing credits for eligible children who are under 17 at the end of their own. To qualify, you must have worked and earned of the tax year.

enough wages in covered employment and must be ready, If you have a low-income and need help with your taxes, the IRS willing, and able to work, and actively looking for work during Volunteer Income Tax Assistance (VITA) program offers free each week in which you are claiming benefits. You can apply tax assistance to people who generally make $64,000 or less, for benefits through the NYS Department of Labor. https://www.

persons with disabilities and those with limited English skills labor.ny.gov/unemploymentassistance.shtm. who need assistance in preparing their own tax returns. For more Note that you may qualify even if you “voluntarily” left your job to information, visit: https://www.irs.gov/individuals/free-tax-return- escape or address domestic violence based on your determination preparation-for-you-by-volunteers or https://www.tax.ny.gov/pit/ that staying in your job would threaten your safety or the safety of file/vita.htm.

APPLY FOR BENEFITS, COMPLY WITH PROGRAM CHALLENGE A DENIAL OR TERMINATION OF REQUIREMENTS & SEEK ASSISTANCE: Obtaining BENEFITS: If you are already receiving public benefits, your essential benefits that you qualify for can be the difference benefits generally cannot be denied or terminated unless between falling into poverty and putting yourself on a path you are given proper and timely notice, including information to support yourself and your family in a sustainable way. regarding the reasons for the denial or termination. Generally, Application processes for benefits can be intimidating and to you must also be given an opportunity to challenge or appeal maintain eligibility, you often have to comply with complicated the denial or termination in a hearing. If you are denied rules and submit complicated paperwork. While these rules and benefits or your benefits are terminated, the agency where processes can be frustrating, it is important that you do your you applied should have an appeal process, which you should best to follow them. Maintaining your benefits is much easier ask about. As per above, you may be able to obtain free legal than losing them and having to fight to get them back. assistance based on your income. Contact a legal service provider, such as the Legal Aid Society in your locality or the If you have questions about whether you are eligible or need New York Legal Assistance Group (NYLAG), for guidance: more information, contact your local Department of Social https://www.nylag.org/get-help. Services: https://otda.ny.gov/workingfamilies/dss.asp. Also GET LANGUAGE ASSISTANCE IF YOU NEED IT: To keep in mind that many non-profits provide free legal services ensure that people have meaningful access to benefits, New and may be able to assist you based on your income. For York State and City agencies must generally provide some help navigating the application process, you can also reach language assistance services, including translation and out to various service providers such as the New York Legal interpretation to individuals of limited English proficiency.222 Assistance Group (NYLAG): https://www.nylag.org/get-help. If you are seeking services from the state or a city agency and NYC: For assistance finding benefits and determining if you do not feel comfortable communicating in English, you you are eligible, visit ACCESS NYC: https://access.nyc.gov. should ask for language assistance..

REQUIREMENTS & SEEK ASSISTANCE: Obtaining BENEFITS: If you are already receiving public benefits, your essential benefits that you qualify for can be the difference benefits generally cannot be denied or terminated unless between falling into poverty and putting yourself on a path you are given proper and timely notice, including information to support yourself and your family in a sustainable way. regarding the reasons for the denial or termination. Generally, Application processes for benefits can be intimidating and to you must also be given an opportunity to challenge or appeal maintain eligibility, you often have to comply with complicated the denial or termination in a hearing. If you are denied rules and submit complicated paperwork. While these rules and benefits or your benefits are terminated, the agency where processes can be frustrating, it is important that you do your you applied should have an appeal process, which you should best to follow them. Maintaining your benefits is much easier ask about. As per above, you may be able to obtain free legal than losing them and having to fight to get them back. assistance based on your income. Contact a legal service provider, such as the Legal Aid Society in your locality or the If you have questions about whether you are eligible or need New York Legal Assistance Group (NYLAG), for guidance:

more information, contact your local Department of Social https://www.nylag.org/get-help. Services: https://otda.ny.gov/workingfamilies/dss.asp. Also GET LANGUAGE ASSISTANCE IF YOU NEED IT: To keep in mind that many non-profits provide free legal services ensure that people have meaningful access to benefits, New and may be able to assist you based on your income. For York State and City agencies must generally provide some help navigating the application process, you can also reach language assistance services, including translation and out to various service providers such as the New York Legal interpretation to individuals of limited English proficiency.222 Assistance Group (NYLAG): https://www.nylag.org/get-help.

If you are seeking services from the state or a city agency and NYC: For assistance finding benefits and determining if you do not feel comfortable communicating in English, you you are eligible, visit ACCESS NYC: https://access.nyc.gov. should ask for language assistance. 65 © 2024 Legal Momentum stfieneB cilbuP

13.

Protecting Our Rights Together: You may have certain rights and opportunities to organize, join a union, and take action with other workers to improve your pay and working conditions without being punished by your employer..

6666. © 2024 Legal Momentum. Protecting Our Rights Together: From New York to Florida, from Florida to Texas and California, in several states in many cities and towns I became a part of the struggle… — for better working conditions, for more pay, for improvements in the deplorable conditions of women workers, Negro workers, Mexican workers. Many times we tried and failed partially; but most of the time we were successful.” — Luisa Moreno, Leader in the U.S. Labor movement and social activist who convened the 1939 Congreso de Pueblos de Habla Española, the First National Latino Civil Rights Assembly © 2024 Legal Momentum.

Protecting Our Rights Together You may have certain rights and opportunities to organize, join a union, and take action with other workers to improve your pay and working conditions without being punished by your employer. From New York to Florida, from Florida to Texas and California, in several states in many cities and towns I became a part of the more pay, for improvements in the deplorable conditions of women workers, Negro workers, Mexican workers. Many times we tried and failed partially; but most of the time we were successful.” — Luisa Moreno, Leader in the U.S. Labor movement and social activist who convened the 1939 Congreso de Pueblos de Habla Española, the First National Latino Civil Rights Assembly 6666 © 2024 Legal Momentum © 2024 Legal Momentum

What is Collective Action?

Confronting your boss to challenge discrimination or advocate Your ability to work together with your coworkers to seek for better wages and benefits can be intimidating and risky, improvements in your workplace is important because it levels especially when you are doing it on your own. However, many the playing field. Unless you organize, employers hold all the people often find that when they are dealing with a problem at cards when setting wages and working conditions. This power work, others are dealing with it as well. imbalance can make it difficult for a single employee acting alone to challenge discrimination, unfair wages, work schedules, and/ As workers, there are ways in which you can work together with or lack of employee benefits. When employees work together to your co-workers to improve and change your working conditions, try and make change in the workplace, this collective action can and there are federal and state laws that may protect your increase the chances that your employer will respond to your organizing activities.

demands.

Who is Protected by the Law?

The National Labor Relations Act (NLRA), a federal law, covers almost all private employees.223Public employees in New York State, who are not covered under the NLRA, are covered under New York State’s Taylor Law.224 IMMIGRATION STATUS: The NLRA applies to covered employees regardless of their immigration status. However, depending on your immigration status, you may not be able to obtain the same remedies provided to other employees under the NLRA.

FARMWORKERS: Farmworkers now have the right to organize with co-workers or join unions to seek better working conditions in New York State. If employers attempt to punish workers for exercising these rights, workers may file complaints with the NYS Public Employment Relations

What is a Union?

A union is an organization made up of workers who are able “at-will” employment state, meaning that an employer can fire you to bargain for better wages and working conditions. Unions for any reason or even no reason, unless they are discriminating advocate for all workers in the “bargaining unit” (a group of against you based on your status in a protected class, such people within a workplace who qualify for union protection even if as your sex or gender. If you are part of a union, however, the they aren’t members) by negotiating with the employer to improve union may require the employer to have a reason for firing you.

If an employer fires you for no reason, then the union can help wages, hours, working conditions, insurance, pensions, and other advocate on your behalf. The union can also help advocate employee benefits. for you if you believe you were fired for an illegal reason (like Unions can provide job protection for workers. New York is an discrimination).

67 © 2024 Legal Momentum rehtegoT sthgiR ruO gnitcetorP Board.225 Employers may file complaints against workers however if they strike or engage in work stoppages or slow- downs.226 The law does not apply to independent contractors and may not apply to certain part-time employees or temporary employees.227 However, just because an employer says you are an independent contractor, does not mean you actually are one under the law.

Your employer may be “misclassifying” you as an independent contractor, which qualifies as an unfair labor practice that violates the National Labor Relations Act.228 For example, you may be considered an employee if your employer “controls” how you do your work. This may be the case if your employer requires you to work 40 hours a week, requires you to work at 9 a.m. every weekday, or requires you to work from a certain location. Your employer could be found liable for misclassification and be ordered to cease the practice and to compensate employees for any losses in earnings or benefits.229

What Can I Do to Assert My Rights?.

ADVOCATE FOR YOUR RIGHTS THROUGH A UNION: If joining the union as a member by contacting the union you are covered by the above protections, joining, forming, or representative. If your workplace is not unionized, you could participating in a union can be one way to protect your right talk to your co-workers about wanting to form a union and to work together with other workers. There are hundreds of research which union and local chapter would best represent national unions, with thousands of local chapters. Unions are you and your co-workers. often organized by the type of work performed by the union JOIN THE FREELANCERS UNION: Independent members—for example, there are unions for home health care contractors, also called freelancers, have the option of joining workers, teachers, nurses, construction workers, teamsters, the Freelancers Union. Although referred to as a union, it electrical workers, and other types of work. does not provide the same type of benefits and protections If your workplace is already unionized, you can ask about a union traditionally provides. Instead, the Freelancers © 2024 Legal Momentum © 2024 Legal Momentum.

What are My Legal Rights?

Under the NLRA, covered private employees have the right to join together to improve their wages and working conditions.230 WAGES: In New York State, workers have the right to ask about, This means that you can form a union at work, join a union, or try discuss, or share their pay rates and wages with coworkers.236 to bargain collectively without a union.231 The law also protects Therefore, if you discuss your hourly rate with another employee, employee’s rights to engage in collective bargaining and other your employer is prohibited from punishing you for sharing such concerted activities for that purpose.232 information.

You have the right to discuss employment conditions with your RETALIATION: If you and your co-workers engage in protected co-workers without being punished, and it is unlawful for an concerted activity, the law prohibits your employer from firing, employer to interfere with, restrain, or coerce employees in their suspending, disciplining, or punishing you or from taking any exercise of these rights.233 negative employment action against you as a result of that activity.237 If your employer retaliates against you, this violates For more information on the types of protected activity under the the law. You may be able to recover back pay and, if you were NLRA, visit: https://www.nlrb.gov/rights-we-protect/whats-law/ fired, the employer may be required to rehire you.

employers/interfering-employee-rights-section-7-8a1. Under New York’s Taylor Law, public employees (those working IMMIGRATION STATUS: You have the same rights for the government or governmental agencies in New York State) under the NLRA regardless of your immigration status; have the right to organize and bargain collectively, but they do not however you may be exempt if you work in an industry, have the right to strike.234 such as farm labor, that is not covered.238 It is illegal for As of November 1, 2021, Employers in New York with at least your employer to threaten to report you to immigration 10 employees are required to allow their employees to establish authorities or to other law enforcement officials for joint employer-employee workplace committees, even if the engaging in such activity.239 This would constitute workplace is not unionized. This committee can serve as a forum retaliation under the law. It is also illegal for your employer for employees to collectively assert their shared health and safety to impose more onerous requirements, such as to require concerns. The law also protects employees who establish or new immigration papers, because you engaged in concerted participate in a committee from retaliation.235 activity.240 Note, however, that your immigration status may limit the remedies that you can recover if you take NOTE: You must still comply with any workplace rules, even administrative or legal action. Note also, that even though when engaging in concerted activity. For example, so long as it is illegal, your employer may still retaliate against you so your employer applies the rule fairly and consistently to all you should contact a lawyer or legal advocate for guidance.

employees, your employer may prohibit all employees from For assistance, visit the Additional Resources section at the using work hours and resources (like printers) for personal or back of this Toolkit. non-work related purposes, such as union activity. you are covered by the above protections, joining, forming, or representative. If your workplace is not unionized, you could participating in a union can be one way to protect your right talk to your co-workers about wanting to form a union and to work together with other workers. There are hundreds of research which union and local chapter would best represent national unions, with thousands of local chapters. Unions are you and your co-workers.

often organized by the type of work performed by the union JOIN THE FREELANCERS UNION: Independent members—for example, there are unions for home health care contractors, also called freelancers, have the option of joining workers, teachers, nurses, construction workers, teamsters, the Freelancers Union. Although referred to as a union, it electrical workers, and other types of work.

does not provide the same type of benefits and protections If your workplace is already unionized, you can ask about a union traditionally provides. Instead, the Freelancers 6688 © 2024 Legal Momentum © 2024 Legal Momentum rehtegoT sthgiR ruO gnitcetorP

rehtegoT sthgiR ruO gnitcetorP Union is more like an advocacy group that pushes for better courses, and networking events, as well as a list of other working conditions for freelancers. It also provides its organizations that provide similar services. You can access members with “portable” benefits, such as health, dental, life or review these resources here: https://nycworker.coop/ insurance, disability, and liability insurance. These benefits home/.

are “portable” in that a freelancer can “carry” these benefits with them, regardless of where or for whom they work. The FORM AN EMPLOYEE RESOURCE GROUP: You and Freelancers Union, although based in New York City, offers free your co-workers can form an employee resource group. An membership to freelancers nationwide. employee resource group is a group of workers who share a common trait. For example, you could form an employee NYC: In New York City, freelancers may file a lawsuit resource group for women, a group for new mothers, for if they are not paid for their work. They can also file a mothers returning to work, or a group based on age, disability, claim with the New York City Office of Labor and Policy or LGBTQ status. Employee resource groups can be used as a Standards by email at freelancer@dca.nyc.gov or by phone at (212) 436-0380. If you file a lawsuit because you space for women and minority workers to freely discuss the were not paid for a freelance project and win, you can also types of problems they face at work and strategize ways to recover double damages and attorneys’ fees. improve their work environment.

SEEK ASSISTANCE FROM A WORKER CENTER: Worker FILE AN ADMINISTRATIVE CHARGE: If an employer Centers are community based organizations that provide disciplines you, threatens you, or takes any action against you various forms of support to low-wage workers, including or other workers for engaging in concerted activity, you can file workers who are not covered by a union. They typically a complaint with the National Labor Relations Board (NLRB).

provide a range of services, such as legal representation to The NLRB is the government agency responsible for protecting recover unpaid wages, language and skills classes, worker an employee’s rights under federal law. Once you file a charge rights education, training, and access to health clinics and with them, they will investigate the complaint and your other benefits. Worker Centers also engage in advocacy employer. If the NLRB determines that your employer violated and organizing on behalf of workers, building coalitions of the law, they can order the employer to pay damages, including workers to take action to push for better wages and working back pay, and if you were fired, order the employer to reinstate conditions. For a non-exhaustive list of worker centers in New you. Note that these remedies may be limited depending on York State, visit the Additional Resources Section at the end of your immigration status.

this Toolkit. For public employees, you can file a charge with the Public JOIN A WORKER COOPERATIVE: In contrast to traditional Employee Relations Board: http://www.perb.ny.gov. businesses that are hierarchically owned and managed, worker cooperatives are owned and controlled by the workers Employees can file an unfair labor practice charge against an where the workers elect the board of directors, make business employer individually, through a union, or through a worker decisions democratically, invest collectively in the business, representative. Contact information for the New York Regional and typically distribute a portion of the profits annually to Offices for the National Labor Relations Board are below. You all of the worker-owners based on their own determination.

can also visit https://www.nlrb.gov to learn more. Further, worker cooperatives are committed to creating a non-exploitative economy by creating socially just jobs and

• Buffalo Office: (716) 551-4931

supporting the community. By starting a cooperative, you have a voice that counts, more control over setting work

• Albany Office: (518) 431-4155

hours and wages, more leadership and career advancement opportunities, and the ability to establish healthier • Manhattan Office: (212) 264-0300 relationships with managers, co-workers, and the community.

• Brooklyn Office: (718) 330-7713

There are successful worker cooperatives in all industries, including healthcare, manufacturing, education, food/ NYC: In New York City, you can report violations of restaurant, plumbing, publishing, childcare, commercial and workplace laws, such as paid sick time requirements, to residential cleaning, and other trades.

the NYC Department of Consumer Affairs (DCA). To file a complaint, visit: https://www1.nyc.gov/site/dca/workers/

• In NYC, the City Council provides funds to organizations in

workersrights/file-workplace-complaint.page. Within DCA, the Worker Cooperative Business Development initiative. the Office of Labor Policy and Standards (OLPS) protects Find out about these resources and supports for worker and promotes labor standards and policies to create cooperatives here: https://www1.nyc.gov/nycbusiness/ fair workplaces. OLPS provides targeted resources and article/worker-cooperatives.

support for people of color, women, and immigrants. For

• The New York City Network of Worker Cooperatives also more information, visit: https://www1.nyc.gov/site/dca/

provides leadership development, training programs, about/office-of-labor-policy-standards.page.

Additional Resources If you need assistance finding out whether you have certain rights, determining if your rights have been violated, figuring out how to assert your rights, or require legal representation, below are some additional resources that you can contact: LEGAL MOMENTUM’S HELPLINE: For additional For a non-exhaustive list of worker centers in New York State, see information, referrals, and resources (in English and Spanish) below:

regarding the issues covered in this Toolkit, contact Legal

Worker Justice Center Of New York

Momentum’s Helpline: Covers all counties north of New York City (1-800-649-0297) or Western New York office: 1187 Culver Road Rochester, NY 14609 Help@LMHelpline.org. Hudson Valley office: 9 Main Street Kingston, NY 12401 THE LEGAL NETWORK FOR GENDER EQUITY: This network connects people who face sex discrimination—like sex Hawthorne, NY 10532 harassment—at work, at school, or when getting health care, 1-800-724-7020 with legal assistance. The Legal Network can also connect you https://www.wjcny.org with help if you are retaliated against for complaining about sex discrimination. If your case involves sex harassment at work, the

Worker’S Justice Project

TIME’S UP Legal Defense Fund may be able to help pay for your New York City (Brooklyn) legal case and for media and storytelling assistance. The Legal Network for Gender Equity and the TIME’S UP Legal Defense Fund Williamsburg office: 365 Broadway, Brooklyn, NY 11211 are housed and administered by the National Women’s Law Center South Brooklyn office: 2111 Bath Ave, Brooklyn, NY 11214 Fund, LLC (NWLCF). For assistance, visit: https://nwlc.org/legal- 347-889-6347 (Williamsburg) assistance/, https://nwlc.org/asistencialegal/. 1718-600-0425 (South Brooklyn) http://www.workersjustice.org EQUALITY WATCH: Equality Watch, a project of the New York Civil Liberties Union, helps individuals report discrimination and

Laundry Workers Center

identify organizations that can assist. For more information, visit: New York City and New Jersey https://www.equalitywatchny.com. 80 Broad Street Ste 613A, New York, NY 10004 NYS OFFICE FOR NEW AMERICANS: The NYS Office for 347-829-6748 New Americans provides various resources to assist immigrants info@laundryworkerscenter.org participate in civic and economic life. For more information or for http://laundryworkerscenter.org assistance, visit: https://www.newamericans.ny.gov/about/about.

html, or call the New Americans Hotline: 1-800-566-7621.

Western New York Council On Occupational

WOMEN STEP FORWARD: For resources, information, SAFETY AND HEALTH (WNYCOSH) WORKER CENTER and services providers to help you understand your rights Buffalo and Western New York as an immigrant and to take action, visit: https://www. 2495 Main Street, Suite 438, Buffalo, NY 14214 womenstepforward.org/find-legal-help/. 716-833-5416 https://wnycosh.org/workercenter/ NATIONAL DOMESTIC WORKERS ALLIANCE: For a monthly membership fee, domestic workers can join the Alliance to receive resources, discounts, access to important benefits, TOMPKINS COUNTY WORKERS’ CENTER trainings, information on protecting your rights, and opportunities Ithaca and Tompkins County to work with others to advocate for your rights. For more 115 E. Martin Luther King Jr. St. / The Commons, Ithaca, NY information, visit: https://signup.domesticworkers.org. 14850 607-269-0409 WORKER CENTERS IN NEW YORK STATE: Worker Centers TCWRH@tcworkerscenter.org are community based organizations that provide various forms http://www.tcworkerscenter.org of support to low-wage workers and immigrants. They typically provide a range of services, such as legal representation to recover

Workers’ Center Of Central New York

unpaid wages, language and skills classes, worker rights education, training, and access to health clinics and other benefits. Worker Syracuse and Central New York Centers also engages in advocacy and organizing on behalf of 2013 E. Genesee St., Syracuse, NY 13210 workers, building coalitions of workers to take action to push for 315-218-5708 better wages and working conditions. https://workerscny.org/en/home/ 7700 ©© 2 2002244 L Leeggaal lM Moommeenntutumm

Endnotes 1 Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. 35 Salary Transparency in Job Advertisements, NYC COMM’N ON HUM. RTS. (May 12, 2022), https://www.nyc.gov/assets/cchr/ 2 N.Y. Exec. Law § 292, as amended by S6577 downloads/pdf/publications/Salary-Transparency-Factsheet.pdf.

3 N.Y. Exec. Law § 296-d, as amended by S6577. 36 N.Y. Lab. Law § 194-b. 4 N.Y. Exec. Law § 292(5). 37 N.Y. Labor Law 194-a, as added by S6549. 5 N.Y. Exec. Law § 292(5). 38 N.Y. Lab. Law. § 194-a. 6 N.Y. Admin. Code § 8-107(1). 39 N.Y. Lab. Law §§ 652, 673. 7 Immigration and Nationality Act, 8 U.S.C. § 1324a.

40 N.Y. Lab. Law § 191. 8 42 U.S.C. § 2000e-3(a). 41 N.Y. Lab. Law § 191. 9 Immigration and Nationality Act, 8 U.S.C. § 1324b. 42 N.Y. Lab. Law § 191. 10 N.Y. Exec. Law § 296, N.Y.C. Admin. Code § 8-107. 43 N.Y. Lab. Law § 191. 11 N.Y. Exec. Order No. 170 (Sep. 15, 2017), https://www.governor.ny.gov/sites/default/files/atoms/files/ 44 N.Y. Lab. Law § 191.

EO%20%23170.pdf. 45 N.Y. Lab. Law § 195. 12 N.Y.C. Exec. Order No. 41 (Sep. 17, 2003), https://www1.nyc.gov/ 46 N.Y. Lab. Law § 195. site/immigrants/about/local-laws-executive-orders.page. 47 N.Y. Lab. Law § 195. 13 See Hoffman Plastic Compounds, Inc. v. National Labor Relations 48 N.Y. Lab. Law § 195.

Board, 535 U.S. 137 (2002). 49 N.Y. Lab. Law § 195. 14 N.Y. Exec. Law § 296(1)(a), (h). 50 N.Y. Lab. Law § 195. 15 N.Y. Exec. Law § 296(1)(h) 16 N.Y. Exec. Law § 297. 51 N.Y. Lab. Law § 195. 17 N.Y. Exec. Law § 292(5); N.Y. Admin. Code § 8-102(2018). 52 12 N.Y.C.R.R. § 146-2.2. 18 N.Y. Exec. Law § 296(1)(h) 53 12 N.Y.C.R.R. § 146-2.2.

19 N.Y. Exec. Law § 292(5). 54 N.Y. Lab. Law § 861-g. 20 N.Y. Exec. Law §§ 292(5), 296; N.Y.C. Admin Code §§ 8-102, 55 N.Y. Lab. Law § 652.

8-107. 56 19 N.Y.C.R.R. § 190-2.4

21 N.Y. Exec. Law § 292(5). 57 N.Y. Lab. Law § 193. 22 42 U.S.C. § 2000e-2; Meritor Savings Bank v. Vinson, 477 U.S. 58 Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; 12 NYCRR § 57 (1986) (confirming that sexual harassment is a form of sex 142-2.2. discrimination prohibited under Title VII); N.Y. Exec. Law § 296; 59 19 N.Y.C.R.R. § 190-2.4.

N.Y. Admin. Code § 8-107. 23 N.Y. Exec. Law § 296(h), as added by S6577. 60 N.Y. Lab. Law § 167. 24 N.Y. Lab. Law § 201-g. 61 See Trafficking Victims Protection Act, 22 U.S.C. § 7101 et seq.; N.Y. Penal Law §§ 135.35, 230.34. 25 N.Y. Labor Law § 296(1)(h). 62 N.Y. Lab. Law § 215. 26 N.Y. Exec. Law § 295(18), as amended by A2035-B.

63 N.Y. Lab. Law §§ 652, 673; 12 NYCRR § 190-1.3(b). 27 N.Y. Exec. Law § 297(5), as amended by S6577. 64 N.Y. Lab. Law § 673-a; 12 NYCRR § 190-6.1. 28 9 U.S.C. § 402, as added by H.R. 4445. 65 N.Y. Penal Law § 155.05 29 The Equal Pay Act of 1963, 29 U.S.C. § 206(d); Title VII of the Civil Rights Act of 1964, 42 § 2000e et seq. 66 N.Y. Lab. Law § 191-d.

30 N.Y. Labor Law § 194, as amended by S5248-B. 67 N.Y. Correction Law Art. 23-A. 31 N.Y.C. Admin. Code §§ 8-102, 8-107. 68 N.Y. Correction Law Art. 23-A. 32 N.Y. Labor Law § 194, as amended by S5248-B. 69 N.Y. Exec. Law § 296(16). 33 N.Y. Lab. Law § 194. 70 N.Y.C. Admin. Code §§ 8-102, 7-107(10)-(11-a).

34 N.Y. Labor Law § 194(d). 71 N.Y.C. Admin. Code §§ 8-102, 7-107(10)-(11-a).

72 The Immigration and Nationality Act, 8 U.S.C. § 1324b. 99 N.Y. Lab. Law § 196-b. 73 N.Y. Exec. Law § 296(1-a). 100 N.Y. Lab. Law § 196-b. 74 Studies have found that women entrepreneurs in New York 101 N.Y.C. Admin. Code §§ 20-911 – 25. City have a more difficult time accessing credit to start their 102 N.Y.C. Admin. Code § 20-913; Westchester County, businesses—in fact, men are twice as likely to launch their N.Y. Municipal Code § 585.03.

businesses with as much as double the capital. Women entrepreneurs find it harder to identify and assess potential 103 N.Y.C. Admin. Code § 20-913. mentors and business advisors. These challenges are more 104 Westchester County, N.Y. Municipal Code § 585.03. pronounced for women of color, many of whom must overcome 105 The Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.

language barriers when starting a business. Women with low- to-moderate income often highlighted lack of confidence and 106 29 U.S.C. § 2601 et seq. experience as a challenge. See Women Entrepreneurs NYC, 107 New York Paid Family Leave Benefits Law, N.Y. Workers Comp. Unlocking the Power of Women Entrepreneurs in New York City, Law, Art. 9.

(November 2015), https://www.nyc.gov/assets/sbs/downloads/ pdf/about/reports/wenyc_report_2015.pdf. 108 New York Paid Family Leave Benefits Law, N.Y. Workers Comp. Law, Art. 9. 75 Equal Credit Opportunity Act, 15 U.S.C. § 1691; N.Y. Exec. Law § 296-a. 109 See 29 U.S.C. § 654; 29 C.F.R. § 1926 et seq.; N.Y. Lab. Law § 740.

76 N.Y. Exec. Law § 312. See also N.Y. Order 177 (covered state 110 N.Y. Lab. Law § 196-b. entities prohibited from entering into contracts with entities 111 N.Y. Lab. Law § 215. that have institutional policies or practices that fail to address 112 N.Y.C. Admin. Code § 20-918. harassment or discrimination based on sex and other protected classifications). 113 See Trafficking Victims Protection Act, 22 U.S.C. § 7101 et seq.; N.Y. Penal Law §§ 135.35, 230.34.

77 N.Y.C. Admin. Code §§ 8-102, 8-107(9)(d), (24). 114 29 C.F.R. §§ 1904.35-36. 78 See NYC Department of Small Business Services, Building Your Business in New York City: A Guide for Immigrant Entrepreneurs, 115 N.Y. Lab. Law § 740, as amended by S4394-A. https://www1.nyc.gov/assets/sbs/downloads/pdf/about/ 116 N.Y. Civ. Rights Law § 52-c, as added by A430.

reports/ibi_toolkit.pdf. 117 N.Y. Lab. Law § 201-i. 79 See National Institute for Occupational Safety and Health, 118 N.Y. Admin. Code § 20-1251. Women’s Safety and Health Issues at Work, Publication No. 2001- 123, https://www.cdc.gov/niosh/docs/2001-123/default.html. 119 N.Y. Admin. Code § 20-1252. 80 OSHA, Women in Construction, https://www.osha.gov/women- 120 N.Y. Admin. Code § 20-1221.

in-construction. 121 N.Y. Admin. Code § 20-1222. 81 Occupational Safety and Health Act, 29 U.S.C. § 652. 122 N.Y. Admin. Code § 20-1231. 82 29 U.S.C. § 654; 29 C.F.R. § 1926 et seq. 123 “Just cause” is defined as the fast food employee’s failure 83 29 U.S.C. § 654; 29 C.F.R. § 1926 et seq.; N.Y. Lab. Law § 200. to satisfactorily perform job duties or misconduct that is demonstrably and materially harmful to the fast food 84 N.Y. Lab. Law § 200(1).

employer’s legitimate business interests. 85 N.Y. Lab. Law §§ 200(1), 880. 124 N.Y.C. Admin. Code § 20-1272 (2021), as amended by Int. 86 29 U.S.C. § 657(c)(3); 29 C.F.R. § 1926 et seq. No. 1396-A and Int. No. 1415-A. 87 29 U.S.C. § 657(c)(3); 29 C.F.R. § 1926 et seq. 125 N.Y. Workers Comp. Law § 3, Group 14-b.

88 N.Y. Lab. Law § 162. 126 N.Y. Labor Law §191. 89 N.Y. Lab. Law § 162. 127 See U.S. Dep’t of Labor, Agricultural Operations, 90 N.Y. Lab. Law § 161. https://www.osha.gov/agricultural-operations. 91 N.Y. Lab. Law § 161. 128 Occupational Health and Safety Administration, OSHA Instruction CPL 02-00-051, Enforcement Exceptions and 92 N.Y. Lab. Law § 161.

Limitations under the Appropriations Act (May 28, 1998), 93 N.Y. Labor Law § 161, as amended by S6578. https://www.osha.gov/enforcement/directives/cpl-02-00-051. 94 N.Y. Work. Comp. Law, Groups 14-a, 14-b as amended by S6578. 129 See U.S. Dep’t of Labor, Agricultural Operations: Hazards and 95 N.Y. Pub. Health Law § 225. Controls, https://www.osha.gov/agricultural-operations/ hazards.

96 N.Y. Lab. Law §§ 780-788. 97 N.Y. Lab. Law § 196-b. U.S.C. § 2261; N.Y. Exec. Law § 292(34); N.Y.C. Admin. Code 98 N.Y. Lab. Law § 196-b. § 8-102; New York State Dep’t of Labor, Domestic Violence 7722 ©© 2 2002244 L Leeggaal lM Moommeenntutumm

and UI Benefits, https://www.labor.ny.gov/ui/claimantinfo/ 158 N.Y. Ins. Law § 3221(16). domesticviolenceanduibenefits.shtm#1. 159 N.Y. Ins. Law §§ 3216, 3221. 131 N.Y.C. Admin. Code § 8-102. 160 N.Y. Ins. Law §§ 3216, 3221. 161 N.Y. Ins. Law §§ 3216, 3221. U.S.C. § 2261; N.Y.C. Admin. Code § 8-102. See also Office on Violence Against Women, U.S. Dep’t of Justice, Sexual Assault, 162 N.Y. Ins. Law § 3221.

https://www.justice.gov/ovw/sexual-assault. 163 N.Y. Pub. Health Law § 2599-BB. 133 See Violence Against Women Reauthorization Act of 2013, 18 164 N.Y. Exec. Law § 837-x. U.S.C. § 2261; N.Y.C. Admin. Code § 8-102. 165 N.Y. Civ. Rights Law § 70-b, as added by S9039-A. 134 N.Y. Exec. Law §§ 292, 296. 166 N.Y. Crim. Pro. Law § 570.17.

135 N.Y.C. Admin. Code §§ 8-102; 8-107(27). 167 N.Y. Ins. Law §§ 3216, 3221. 136 Westchester Co. Laws §§ 700.02, 700.03(a)(8). 168 11 NYCRR § 52.71. 137 N.Y. Exec. Law § 296(1)(a). 169 42 U.S.C. § 2000e(k); see also Equal Employment Opportunity 138 The Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; Center, EEOC Enforcement guidance on Pregnancy Discrimination N.Y. Exec. Law §§ 292(21), 292(21-e), 295(5), 296(3); 9 NYCRR § and Related Issues, EEOC Notice No. 915.003 (June 25, 2015) 466.11. (citing 42 U.S.C. § 2000e(k); Questions and Answers on the 139 42 U.S.C. § 12102. Pregnancy Discrimination Act, 29 C.F.R. pt. 1604 app., Question 34 (1979) (“An employer cannot discriminate in its employment 140 N.Y. Exec. Law § 292(21).

practices against a woman who has had or is contemplating 141 N.Y. Exec. Law § 296(22)(c)(2) (2021), as amended by S1040. having an abortion.”); H.R. Conf. Rep. No. 95-1786, at 4 (1978), as reprinted in 95th Cong., 2d Sess. 4, 1978 U.S.C.C.A.N. 4749, 142 N.Y.C. Admin. Code §§ 8-102; 8-107(27). 4766 (“Thus, no employer may, for example, fire or refuse to 143 Westchester Co. Laws, §§ 700.02 (for definitions), 700.03. hire a woman simply because she has exercised her right to 144 N.Y.C. Admin. Code §§ 8-102; 8-107(28); see also New York City have an abortion.”); see also Doe v. C.A.R.S. Protection Plus, on Discrimination on the Basis of Disability (April 2019), (2008) (PDA prohibits employer from discriminating against https://www.nyc.gov/assets/cchr/downloads/pdf/NYCCHR_ female employee because she has exercised her right to have LegalGuide-DisabilityFinal.2.pdf. an abortion); Turic v. Holland Hospitality, Inc., 85 F.3d 1211, 1214 (6th Cir. 1996) (discharge of pregnant employee because she 145 N.Y. Penal Law § 215.14.

contemplated having abortion violated PDA)), https://www. 146 N.Y. Lab. Law § 196-b. eeoc.gov/laws/guidance/pregnancy_guidance.cfm#_ftn58. 147 N.Y. Lab. Law § 196-b. 170 N.Y. Lab. Law § 203-e (2020), as amended by S660. 148 12 NYCRR 196-1.3. 171 N.Y. Ins. Law § 3221. 149 N.Y. Admin. Code §§ 20-912 (for definitions), 20-913, 20-914. 172 N.Y. Penal Law §§ 240.70-240.71.

150 N.Y. Admin. Code § 20-913. 173 N.Y. Pub. Health Law § 18(3)(i); N.Y. Pub. Health Law § 17. 151 N.Y. Admin. Code § 20-913. 174 N.Y. Admin. Code § 8-107(22), New York City Commission on Human Rights, Legal Enforcement Guidance on Discrimination 152 N.Y. Real Prop. Law § 227-d. on the Basis of pregnancy, Childbirth, Related Medical Conditions, 153 N.Y. Real Prop. Law § 227-c. See also N.Y. Crim. Proc. § 530.12- Lactation, Accommodations, and Sexual or Reproductive Health 13 (establishing that a court may issue orders of protection for Conditions (2021), https://www.nyc.gov/assets/cchr/downloads/ victims of family offenses); N.Y. Dom. Rel. § 240 (describing, pdf/publications/Pregnancy_InterpretiveGuide_2021.pdf among other things, the court’s power to issue orders of 175 N.Y. Ins. Law § 3217-c.

protection); N.Y. Family Ct. Act §§ 446 (orders of protection), 656, 842, 1056. 176 N.Y. Ins. Law § 3216(i)(8)(E) (10)(A)(i). 154 N.Y. Exec. Law § 296, as amended by S8417-B. 177 42 U.S.C. § 300gg-13; 29 C.F.R. §§ 2590.75-2713. 155 Immigration and Nationality Act, 8 U.S.C. § 1324b. 178 See New York Dep’t of Health, Medicaid Family Planning Services, https://www.health.ny.gov/health_care/managed_ 156 See Center for Reproductive Rights, Women Are Pushed Deeper care/famplan10ques.htm.

into Poverty When Denied Access to an Abortion, Research Shows (May 29, 2022), https://reproductiverights.org/women- 179 See New York Dep’t of Health, Comprehensive Family Planning are-pushed-deeper-into-poverty-when-denied-access-to-an- and Reproductive Health Care Services Program, https://www. abortion-research-shows/. health.ny.gov/community/pregnancy/family_planning/.

157 Heather D. Boonstra, Abortion in the Lives of Women Struggling 180 See New York Dep’t of Health, Family Planning Benefit Program, Financially: Why Insurance Coverage Matters, 19 Guttmacher https://www.health.ny.gov/health_care/medicaid/program/ Policy Rev., 2016, at 46. longterm/familyplanbenprog.htm.

181 Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k); N.Y. 201 Id. Exec. Law §§ 292 (for definition of “employer”), 296.1; see 202 Id. also New York State Division of Human Rights, Guidance on Pregnancy Discrimination and Reasonable Accommodation of 203 Paid Family Leave, https://paidfamilyleave.ny.gov Pregnancy-Related Conditions for Employers in New York State, https://dhr.ny.gov/sites/default/files/pdf/guidance-pregnancy- 204 The Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.

discrimination-employers.pdf. 205 N.Y. Work. Comp. Law Ch. 9, § 201(9)(B). 182 Pregnant Workers Fairness Act, H.R. 2617-1626, 117th Cong. § 103 (signed into law December 29, 2022) 206 N.Y. Lab. Law § 196-b. 183 42 U.S.C. § 2000gg-1. 207 N.Y. Lab. Law § 196-b. 184 The Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; 208 N.Y. Admin. Code §§ 20-912 (for definitions), 20-913, 20-914.

N.Y. Exec. Law §§ 292(21), 292(21-e), 295(5), 296(3); 9 NYCRR 466.11. 209 N.Y. Exec. § Law 296. See also New York State Division of 185 N.Y. Exec. Law § 292. Human Rights, Guidance on Familial Status Discrimination for 186 N.Y. Exec. Law § 296(3); see also New York State Division of Employers in New York State, https://dhr.ny.gov/sites/default/ Human Rights, Guidance on Pregnancy Discrimination and files/pdf/guidance-familial-status-employers.pdf.

Reasonable Accommodation of Pregnancy-Related Conditions for 210 N.Y. Admin. Code § 8-107. Employers in New York State, https://dhr.ny.gov/sites/default/ files/pdf/guidance-pregnancy-discrimination-employers.pdf. 211 Under the Personal Responsibility and Work Opportunity 187 N.Y. Admin. Code § 8-107(22); New York City Commission on Reconciliation Act of 1996 (PRWORA), the federal government Human Rights, Legal Enforcement Guidance on Discrimination on provides block grant funding to states to provide Temporary the Basis of Pregnancy: Local Law No. 78 (2013); https://www1.

Assistance to Needy Families (TANF), under which states must nyc.gov/site/cchr/law/legal-guidances.page. operate temporary assistance programs for needy families. See 188 N.Y. Lab. Law § 196-b, as amended by A8805. 42 U.S.C. Ch. 7, Subchapter IV; 45 C.F.R. Part 260. 189 N.Y. Work. Comp. Law Ch. 9, § 201(9)(B).

212 See 8 U.S.C. § 1621(for non-eligible categories). 190 See N.Y. Work. Comp. Law Ch. 9, § 201(6)(A), as amended by S6578. 213 Immigration and Nationality Act, 8 U.S.C. § 1182. 191 29 U.S.C. § 218d. 214 See Center on Budget and Policy Priorities, A Quick Guide to 192 29 U.S.C. § 218d. SNAP Eligibility and Benefits (Oct. 16, 2018), https://www.cbpp.

193 N.Y. Lab. Law § 206-c. org/research/food-assistance/a-quick-guide-to-snap-eligibility- 194 N.Y. Lab. Law § 206-c; N.Y. Dep’t of Labor, Expressing Breast and-benefits. Milk in the Work Place, https://dol.ny.gov/expressing-breast- milk-workplace. See also Fair Labor Standards Act, 29 U.S.C. § 215 42 U.S.C. § 300gg-13; 29 C.F.R. §§ 2590.75-2713.

207(r) (requires employers to provide reasonable unpaid break 216 24 C.F.R. § 100.600. time for an employee to express breast milk for her nursing child for 1 year after the child’s birth in a place, other than a 217 See Consent Decree in Callahan v. Carey (1981), http://www. bathroom, that is shielded from view and free from intrusion coalitionforthehomeless.org/our-programs/advocacy/legal- from coworkers and the public).

victories/the-callahan-legacy-callahan-v-carey-and-the-legal- 195 N.Y. Lab. Law § 206-c. right-to-shelter/. 196 29 U.S.C. § 207(r); N.Y. Lab. Law § 206-c. See also N.Y. Dep’t of Labor, Expressing Breast Milk in the Work Place, https://dol. 218 42 U.S.C. § 1436a. ny.gov/expressing-breast-milk-workplace.

219 24 C.F.R. §§ 5.512, 5.520. 197 N.Y. Admin. Code §§ 8-101-8-131. 220 See N.Y. Labor Law § 511, as amended by S6578. 198 N.Y. Lab. Law § 206-c, as amended by A8806. 221 See N.Y. Labor Law § 591; see also New York Dep’t of Labor, 199 New York Paid Family Leave Benefits Law, N.Y. Workers Comp. Law Art. 9; 12 NYCRR § 355, Part 380. Before you Apply for Unemployment: Frequently Asked 200 See N.Y. Work. Comp. Law Ch. 9, § 201(6)(A), as amended by Questions, https://www.labor.ny.gov/ui/claimantinfo/ S6578. beforeyouapplyfaq.shtm#22.

222 N.Y. Exec. Order No. 26 (Oct. 6, 2011), https://www.governor. ny.gov/sites/default/files/atoms/files/EO26_0.pdf. 223 National Labor Relations Act, 29 U.S.C. §§ 151-169. 224 N.Y. Civ. Serv. Law § 200 et seq (also called the Public Employees Fair Employment Act, or the “Taylor Law”). 225 See N.Y. Labor Law § 701, as amended by S6578.

226 See N.Y. Labor Law § 703, as amended by S6578. 227 29 U.S.C. §152(3). 228 29 U.S.C. §158. 229 See Intermodal Bridge Transp., No. 21-CA-157647 (Nov. 28, 2017). 230 29 U.S.C. § 157. 231 29 U.S.C. § 157. 232 29 U.S.C. § 157. 233 29 U.S.C. § 158. 234 N.Y. Civ. Serv. Law §§ 202-03, 210. 235 See N.Y. Lab. Law § 511, as amended by S6578.

236 N.Y. Lab. Law § 194. 237 29 U.S.C. § 158; N.Y. Civ. Serv. Law § 209-a. 238 See National Labor Relations Board, Immigrant Employee Rights under the National Labor Relations Act, https:// www.nlrb.gov/sites/default/files/attachments/basic-page/ node-3024/immigrant_employee_rights_one_pager_english_ pdf_21860.pdf.

239 See National Labor Relations Board, Immigrant Employee Rights under the National Labor Relations Act, https:// www.nlrb.gov/sites/default/files/attachments/basic-page/ node-3024/immigrant_employee_rights_one_pager_english_ pdf_21860.pdf. 240 See National Labor Relations Board, Immigrant Employee Rights under the National Labor Relations Act, https:// www.nlrb.gov/sites/default/files/attachments/basic-page/ node-3024/immigrant_employee_rights_one_pager_english_ pdf_21860.pdf.