Caregiver Status Discrimination

We Fight to Ensure Fair Employment & Treatment of Caregivers

Caregiving involves daily sacrifice. At Bonnaig & Associates, LLC, we want to honor those who are giving their time and energy to young children and/or ill or disabled loved ones. Our team is committed to supporting brave caregivers who stand up to unfair treatment or discriminatory policies at their places of employment. Let our New York employment lawyers explore all the facts and approach the case from both sides so that we can anticipate any roadblocks that may lie ahead.

Advocating for Fairness & Flexibility

You already have a lot on your plate. Let our team tackle the legal aspect of your situation. We will apply the various laws and policies that address caregiver status to your situation, and help you protect your interests.

If you work or intern full-time or part-time, with or without pay, within the five boroughs of New York City, for an employer with four or more employees, and have caregiving responsibilities at home, such as caring for kids (including adopted or foster kids) under the age of 18, caring for parents, siblings, spouses, grandparents, or grandchildren with a disability, then you are protected from workplace discrimination against caregivers based on a May 14, 2016 amendment to the New York City Human Rights Law.

According to the New York City Commission on Human Rights, employees without work authorization documents, job applicants and most independent contractors are also protected from caregiver discrimination.

Based on this amendment, employers cannot refuse to hire fire, or otherwise discriminate against job applicants or employees in the terms, conditions, or privileges of employment because of their caregiving responsibilities. Still, employers don’t have to accommodate caregivers’ responsibilities and obligations, by changing a shift, or allowing the caregiver to leave work early on account of caregiving responsibilities, unless these accommodations and benefits are provided to other employees.

This amendment is positively impacting individuals in New York City who take care of “1.8 million children under the age of 18, 1 million people aged 65 or order, and roughly 900,000 people with disabilities” by providing them recourse to file workplace discrimination claims if their rights are violated.

As Mayor de Blasio stated, “Caregivers are the people who keep families together. It is critical that New York City protects them so they can continue to provide essential care to the children, elderly people, and individuals with disabilities who rely on them to lead happy and healthy lives. No one deserves to be treated differently or denied opportunities in the workplace because of their status as a caregiver. [Today], these unsung heroes receive direct protection under the law.”