NYC Human Rights Law Expands Protection For Domestic Workers

Employment protections for New York City employees as of March 12, 2022, now apply to all “domestic workers,” which includes nannies, homecare workers, housecleaners, companions, childcare, etc., regardless of the number of workers employed by the employer. They will be protected from discrimination, harassment and retaliation. The only category of domestic workers not covered under the Law are employees who only work occasionally, or who are related to either the employer or person being cared for or workers who provide companionship service and are also employed by an outside agency.  

Employers must be careful not to discriminate against a “domestic worker” based upon his or her membership in a protected class such as race, age, religion, gender, immigration status or potentially other categories not set forth. An employer cannot even inquire about the domestic worker’s salary, prior arrests or credit history, nor can they be asked to take a drug test to detect cannabis usage.

The domestic worker must also be provided with reasonable accommodations regarding their needs if disabled, pregnant, religious beliefs or other needs. It is the “employer’s” obligation to initiate conversation with the employee as to the employee’s needs if put on notice. However, if the accommodation would provide an undue hardship, the employer is not required to provide such accommodation - - the burden is on the employer to prove.

The domestic worker must be provided a notice of their rights regarding sexual harassment and the notice must even be “posted.” Yes, the notice must be posted” in your own home. Aside from the basic rights now required other employees, the domestic worker too must also be provided, such as a minimum wage and overtime pay with a wage statement; one rest day per week, at least three (3) paid days off per year, paid sick leave, and provided sexual harassment training. They are to be treated as any other New York City employee.  

It seems to be with less risk of penalty to just drop off your child at daycare, clean your own home and maybe send your folks to a senior center. All “persons” are created equally and must now likewise be treated equally regardless of where or what type of employment in the Big Apple. Serious fines can be imposed. For instance, as of May 14, 2022, an employer must post the minimum and maximum wage offered for any position when advertising a job in New York City. This includes a post for a nanny or housecleaner. Failure to post the minimum/maximum salaries will be considered an unlawful discriminatory practice and can result in fines up to $125,000.00. It is therefore requested that if you have a “domestic worker” working for you, and are unsure as to what their rights are or your rights, feel free to contact one of our partners and we can discuss and protect you from the potentially serious fines that can be imposed.

SDK HEIBERGER TEAM

* NYC Commission on Human Rights FAQs for Domestic Workers and Their Employers:
https://www1.nyc.gov/assets/cchr/downloads/pdf/publications/Domestic-Workers-339-FAQ.pdf

New York State Human Rights Law had already extended full protection to individuals employed in domestic services on December 31, 2021 (Chapter 830 of the Laws of New York).