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PRIMARY AREAS OF PROTECTION

EMPLOYMENT HOUSING PUBLIC ACCOMMODATIONS. PRIMARY AREAS OF PROTECTION. OTHER RELEVANT DISCRIMINATION LAWS. TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 AMERICANS WITH DISABILITIES ACT AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 NEW YORK STATE HUMAN RIGHTS LAW FAIR HOUSING ACT .

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PRIMARY AREAS OF PROTECTION

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  1. EMPLOYMENT HOUSING PUBLIC ACCOMMODATIONS PRIMARY AREAS OF PROTECTION

  2. OTHER RELEVANT DISCRIMINATION LAWS • TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 • AMERICANS WITH DISABILITIES ACT • AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 • NEW YORK STATE HUMAN RIGHTS LAW • FAIR HOUSING ACT

  3. CityStateFederal EMPLOYMENT 4 OR MORE 4 OR MORE 15 OR MORE EMPLOYEES EMPLOYEES EMPLOYEES (EEOC) HOUSING 2 FAMILY 3 OR MORE 4 FAMILY RESIDENCES FAMILES OWNER-OCCUPIED ( HUD ) PUBLIC ALL ALL NOT COVERED ACCOMMODATIONS

  4. RACE COLOR CREED AGE NATIONAL ORIGIN SEXUAL ORIENATION DISABILITY MARITAL STATUS ALIENAGE OR CITIZENSHIP STATUS GENDER (including gender identity and sex harassment) DOMESTIC PARTNERSHIP PROTECTED CLASSES

  5. EMPLOYMENT Additional Protected Classes: Status as a victim of domestic violence, stalking or sex offenses. Arrest or conviction record.

  6. HOUSING Additional Protected Classes: Family Status Lawful occupation

  7. CITY HUMAN RIGHTS STATE HUMAN RIGHTS EEOC

  8. EMPLOYERS MAY NOT: • REFUSE TO HIRE OR EMPLOY • FIRE • DISCRIMINATE IN TERMS OF SALARY • DISCRIMINATE IN TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT

  9. HOUSING PROVIDERS MAY NOT: • Refuse to Rent, sell or otherwise dispose of Property. • Refuse Services. • Attempt to evict or otherwise interfere with the use of the property.

  10. PROVIDERS OF A PUBLIC ACCOMMODATION MAY NOT: • Refuse Service. • Provide Service at a different price.

  11. RELIGIOUS OBSERVANCES An Employer may not condition the obtaining or retaining of employment on the employee violating his/her religious observances.

  12. REASONABLE ACCOMMODATION The Employer must make reasonable accommodations that allow an employee to observe his/her religious practices, or in the case of a disabled employee, to perform the essential requisites of his/her job.

  13. Housing Providers and Public Accommodations Mustmake reasonable modifications to insure that their services are available to those that wish to use them To be reasonable, the modification must be architecturally feasible and would not create an undue hardship(usually financial) on the housing provider or business. Modifications can be internal or external unlike federal or state law, city law requires that the business or building owner pay for the modification.

  14. RETALIATION It is unlawful for an anyone to retaliate against an individual for complaining about a discriminatory practice covered by the Human Rights Law or for assisting in the investigation of allegations covered by the Human Rights Law.

  15. EMPLOYER LIABILITY • The Employer is responsible for the actions of its agents or employees if: • The agent or employee exercised supervisory or managerial responsibility. • The employer knew of the discriminatory activity and failed to take immediate corrective action. • The employer should have known about the discriminatory activity and failed to exercise due diligence to prevent the activity.

  16. INDEPENDENT CONTRACTORS • An employer will be liable for the discriminatory conduct of an independent contractor where: • The discriminatory conduct was committed in the course of the employer’s business. • The employer had actual knowledge. • The employer acquiesced.

  17. DAMAGES: EMPLOYMENT The Commission can require an employer to: Hire, re-hire or promote an employee. Provide an employee with an accommodation. Award compensatory damages , i.e, back pay, future pay and medical expenses. Require Policy Changes Order civil penalties up to $125,000 or $ 250,000 if violations are systemic. Additional fines up to $100.00 per day for failing to abide by Commission Orders.

  18. DAMAGES: HOUSING The Commission can require a Housing Provider to: Rent, Sell or otherwise dispose of Property the individual discriminated against. Build a ramp or make other modifications. Pay fines or compensatory damages.

  19. DAMAGES: PUBLIC ACCOMMODATION Fines and compensatory damages. Policy Changes. Modifications for disability access.

  20. NEW YORK CITY COMMISSON ON HUMAN RIGHTS CENTRAL OFFICE 40 RECTOR STREET @ WEST STREET 9TH FLOOR NEW YORK, NEW YORK 10006 TO FILE A COMPLAINT: CALL 212-306-7450

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