Glossary of New York Employment Discrimination Terms

This glossary defines the terms that come up in New York workplace harassment, discrimination, disability and retaliation matters. Three layers of law use these terms, and they do not always use them the same way: federal law, the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). The word "disability" alone has three statutory definitions.⁠^[1][2][3]

Each definition names the layer it comes from and cites its source. Where a term has no single legal definition, the entry says how the term is used. Terms are listed alphabetically, with a link to the guide that covers the subject.

A

Administrative convenience dismissal. New York State: a dismissal the Division of Human Rights may order, in its unreviewable discretion, before a hearing.⁠^[12] After it, the person keeps all rights to bring suit as if no complaint had been filed.⁠^[13] See election of remedies.

Administrative Law Judge (ALJ). New York State: the official who conducts a Division of Human Rights public hearing and makes a recommendation; the Commissioner issues the Final Order.⁠^[14] See inside a Division case.

Adverse employment action. Federal: the third element of a Title VII retaliation prima facie case in the Second Circuit.⁠^[15] The EEOC lists denial of promotion, refusal to hire, denial of job benefits, demotion, suspension and discharge as the most obvious examples.⁠^[16] See what counts as retaliation.

Affirmative defense. A defense the defendant raises against liability or damages. Federal: the Faragher-Ellerth defense is one the employer has to prove by a preponderance of the evidence.⁠^[17] New York State: the Human Rights Law calls the "petty slights or trivial inconveniences" point "an affirmative defense to liability."⁠^[5] New York City: the Second Circuit has said the employer has the burden of proving that the conduct was trivial.⁠^[18] See common employer defenses.

Aiding and abetting. New York State: any person, not only an employer, commits an unlawful discriminatory practice by aiding, abetting, inciting, compelling or coercing a forbidden act.⁠^[19] New York City: the City law has a parallel provision.⁠^[20] See suing a boss personally.

Annulment of election of remedies. New York State: a dismissal the Division of Human Rights may grant, at the complainant's request before a hearing, so that the claim can be pursued in court.⁠^[13]

Arbitration agreement. Federal: a written agreement to resolve disputes before an arbitrator, which the Federal Arbitration Act makes valid, irrevocable and enforceable, with an exception for sexual harassment and sexual assault disputes.⁠^[21] At the election of the person alleging that conduct, a pre-dispute arbitration agreement is not valid or enforceable for the case.⁠^[22] See forced arbitration.

At-will employment. New York State common law: a job with no fixed term, which either side may end at any time, for any reason or for no reason.⁠^[23] See at-will employment and its limits.

Attorney's fees (fee-shifting). New York State: the Commissioner or the court may, in its discretion, award reasonable attorney's fees to a prevailing or substantially prevailing party.⁠^[24] New York City: a court may award the prevailing party reasonable attorney's fees, expert fees and other costs.⁠^[25] See who pays the lawyers.

B

Back pay. A remedy for lost wages. Federal: under Title VII it cannot accrue from more than two years before the EEOC charge was filed, and it is reduced by interim earnings or amounts earnable with reasonable diligence.⁠^[26] See back pay, front pay and reinstatement.

But-for causation. Federal: the causation standard for Title VII retaliation, meaning the adverse action would not have occurred without the employer's retaliatory motive.⁠^[27] In the Second Circuit it does not mean retaliation was the only cause.⁠^[28] See proving retaliation.

Bystander intervention. New York State: a section of the 2023 model sexual harassment prevention policy that sets out five methods a witness can use, such as interrupting, asking a third party to help, taking notes, checking in afterward and, if safe, confronting the harasser.⁠^[29] See if you witness harassment.

C

Charge of discrimination. Federal: a signed statement asserting that an organization engaged in employment discrimination, filed with the EEOC and required before suing under the laws the EEOC enforces, except the Equal Pay Act.⁠^[11] A Title VII charge is in writing, signed and verified.⁠^[30] See how to file an EEOC charge.

Civil fine or civil penalty. A sum paid to the government, not to the worker. New York State: the Division of Human Rights may assess up to $50,000, or up to $100,000 for a willful, wanton or malicious act, paid to the State.⁠^[31] New York City: the Commission may impose up to $125,000, or up to $250,000 for a willful, wanton or malicious act, paid into the City's general fund.⁠^[32][33]

Compensatory damages. Federal: money for losses such as future pecuniary losses, emotional pain, suffering, inconvenience and mental anguish, available under Title VII for intentional discrimination and subject to a cap.⁠^[34][35] New York State: the Human Rights Law states no dollar limit on compensatory damages.⁠^[36] See damages in New York employment cases.

Concerted activity. Federal: activity by employees for mutual aid or protection, a right that Section 7 of the National Labor Relations Act gives to "employees."⁠^[37] The NLRB's examples include talking with coworkers about wages, benefits or working conditions.⁠^[38] See talking about pay and working conditions.

Conciliation. Federal: the informal effort the EEOC has to make to eliminate an unlawful practice after it finds reasonable cause.⁠^[39] Nothing said or done in conciliation may be made public by the EEOC without the written consent of the persons concerned.⁠^[40]

Constructive discharge. A resignation treated as a firing. Federal: it applies when working conditions became so intolerable that a reasonable person in the employee's position would have felt compelled to resign.⁠^[41] New York State: the Court of Appeals, applying the same test in a case that was not about discrimination, said the employer's actions in creating the intolerable conditions must be deliberate and intentional.⁠^[42] See constructive discharge.

Contingent fee. New York State court rules: a lawyer's fee that depends on the outcome. Promptly after being hired on that basis, the lawyer must give the client a writing stating how the fee is determined, including the percentage or percentages and the expenses to be deducted.⁠^[43] See how employment lawyers charge.

Continuing violation. Federal: the rule that a hostile work environment charge is timely if at least one act contributing to the hostile environment occurred within the filing period, in which case the whole period of the hostile environment may be considered.⁠^[44] See old incidents and the continuing violation rule.

Cooperative dialogue. New York City: a good-faith written or oral dialogue about a person's accommodation needs, potential accommodations and the difficulties they may pose for the employer.⁠^[45] Refusing or failing to engage in one within a reasonable time is itself an unlawful discriminatory practice under the City law.⁠^[46] See the interactive process and cooperative dialogue.

D

Deferral state. Federal: a state with a state or local agency that has authority to grant relief, which extends the EEOC charge period from 180 to 300 days.⁠^[47] New York qualifies; the EEOC's regulation lists the State Division of Human Rights and the NYC Commission on Human Rights as designated agencies.⁠^[48]

Direct threat. Federal: under the Americans with Disabilities Act (ADA), a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.⁠^[49]

Disability. Federal: under the ADA, a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having one.⁠^[1] New York State: an impairment that prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, a record of one, or a condition regarded as one.⁠^[2] In the State law's employment provisions the term is limited to disabilities that, with reasonable accommodations, do not prevent the person from performing the job in a reasonable manner.⁠^[2] New York City: any physical, medical, mental or psychological impairment, or a history or record of one.⁠^[3] See what counts as a disability.

Discrete act. Federal: a single event such as a termination, a failure to promote, a denial of transfer or a refusal to hire. Each one starts its own filing clock.⁠^[50]

Disparate impact. Discrimination shown by a practice's effect rather than by intent. New York State: under a subdivision signed on December 19, 2025, an unlawful discriminatory practice in employment may be established by a practice's discriminatory effect even without discriminatory intent.⁠^[51][52] New York City: a policy or practice with a disparate impact on a protected group is unlawful unless the employer proves it bears a significant relationship to a significant business objective or does not contribute to the impact.⁠^[53]

Division of Human Rights. New York State: the agency in the Executive Department, headed by a Commissioner, that receives complaints under the State Human Rights Law.⁠^[54] Its Call Center number is (844) 697-3471.⁠^[55] See how to file with the Division.

Dual filing. Federal: the arrangement under which a charge filed with the EEOC or with a state or local agency that has a worksharing agreement is also filed with the other, with one agency keeping it for processing.⁠^[56] As of October 2026 the NYC Commission on Human Rights states that it no longer automatically cross-files employment discrimination claims with the EEOC.⁠^[57] See dual filing.

Duty of fair representation. A union's duty to the workers it represents. New York State: a claim that a union covered by the Taylor Law breached it must be started within four months of the date the employee knew or should have known of the breach, or of suffering actual harm, whichever is later.⁠^[58] Federal: a combined suit against a private employer and a union is governed by a six-month period.⁠^[59] See union members and discrimination claims.

E

EEOC. Federal: the U.S. Equal Employment Opportunity Commission, the agency where a charge is required before suing under Title VII, the ADA and the Age Discrimination in Employment Act.⁠^[60] Its New York District Office is at 33 Whitehall Street, 5th Floor, New York, NY 10004.⁠^[61]

Election of remedies. New York State and New York City: the rule that filing a complaint with the State Division of Human Rights or the City Commission generally means the person cannot then sue in court on the same State or City Human Rights Law claim.⁠^[62] See election of remedies.

Emotional distress damages. Compensation for mental anguish. New York State: under the Human Rights Law, mental injury may be proved by the complainant's own testimony, corroborated by the circumstances of the misconduct, and medical treatment is not a precondition to recovery.⁠^[63] See emotional distress damages.

Employer. The definition sets who is covered. Federal: Title VII covers an employer with 15 or more employees.⁠^[64] New York State: the Human Rights Law covers all employers within the state.⁠^[65] New York City: for most employment provisions, the City law does not apply to an employer with fewer than four persons in its employ throughout the period the Code defines.⁠^[66] See which employers are covered.

Essential functions. Federal: under the ADA regulations, the fundamental job duties of a position, as opposed to marginal functions.⁠^[67]

F

Fair Employment Practices Agency (FEPA). Federal: the EEOC's term for a state or local agency with which a charge can be filed.⁠^[56] In New York these are the State Division of Human Rights and the NYC Commission on Human Rights.⁠^[48]

Faragher-Ellerth defense. Federal: an affirmative defense available when a supervisor's harassment did not result in a tangible employment action. The employer must prove that it exercised reasonable care to prevent and promptly correct harassing behavior and that the employee unreasonably failed to use the opportunities it provided.⁠^[17] New York City: the defense does not apply to sexual harassment and retaliation claims under the City law.⁠^[68]

Family and Medical Leave Act (FMLA). Federal: a statute covering employers with 50 or more employees, under which an eligible employee is entitled to 12 workweeks of leave in a 12-month period for reasons that include the employee's own serious health condition.⁠^[69][70] See how the leave laws fit together.

Front pay. Federal: money awarded for lost compensation during the period between judgment and reinstatement, or in place of reinstatement. It is not subject to the Title VII damages cap.⁠^[71]

G

Gender-based harassment. New York City: the City law's term for a category of claim that can be brought against any employer in the city, including one with fewer than four people.⁠^[72] It may be filed with the NYC Commission on Human Rights within three years after the harassing conduct.⁠^[73] See what counts as sexual harassment.

Gender identity or expression. New York State: a person's actual or perceived gender-related identity, appearance, behavior, expression or other gender-related characteristic regardless of the sex assigned at birth, including being transgender.⁠^[74] See same-sex and gender identity harassment.

Good cause. New York State unemployment insurance: the standard for quitting without losing benefits. A claimant who voluntarily separates without good cause is disqualified until the claimant has worked again and earned at least ten times the weekly benefit rate.⁠^[75] See unemployment benefits.

H

Harassment. New York State: an unlawful discriminatory practice when it subjects an individual to inferior terms, conditions or privileges of employment because of a protected characteristic; it covers every protected characteristic, not only sex.⁠^[5]

Hostile work environment. Federal: a judicial label, not a statutory term, for harassment that violates Title VII even when the employee suffers no economic or tangible loss.⁠^[7][76] Under Title VII the harassment has to be sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment.⁠^[4] State and City law use different standards; see what a hostile work environment is.

I

Independent contractor. A worker who is not an employee. New York State: an employer may be liable to a contractor, vendor or consultant subjected to an unlawful discriminatory practice in its workplace.⁠^[77] New York City: the City law's employee protections apply to interns, freelancers and independent contractors.⁠^[78] See independent contractors and gig workers.

Individual liability. Whether a person, rather than the employing organization, can be held responsible. Federal: in the Second Circuit a supervisor or coworker cannot be held personally liable under Title VII.⁠^[79] New York City: individuals can be personally liable for their own discriminatory conduct, for aiding and abetting, and for retaliation.⁠^[80]

Inferior terms, conditions or privileges of employment. New York State: the statutory test for harassment under Executive Law § 296(1)(h), which applies regardless of whether the conduct would be considered "severe or pervasive," for claims accruing on or after October 11, 2019.⁠^[5][81]

Interactive process. Federal: the informal process an EEOC regulation describes for an employer and an individual to identify the limitations resulting from a disability and the accommodations that could overcome them.⁠^[82] See the interactive process and cooperative dialogue.

Interference. Conduct that obstructs the use of a legal right, as distinct from punishing its use. Federal: the ADA makes it unlawful to coerce, intimidate, threaten or interfere with anyone exercising ADA rights.⁠^[83] New York City: the City law has a separate provision on coercion, intimidation, threats and interference.⁠^[84]

Intern. New York State: a person who performs work for an employer for training, under conditions the statute lists, and whom an employer may not discriminate against, retaliate against or harass.⁠^[85]

J

Judicial review. New York State: a court proceeding to review a Division of Human Rights order, which must be started within 60 days after service of the order.⁠^[86]

Jury trial. Federal: a party seeking compensatory or punitive damages under Title VII or the ADA may demand a jury. New York State: in court, issues of fact are tried by a jury, unless waived, in an action for a sum of money only; a Division of Human Rights case is heard by an Administrative Law Judge and decided by the Commissioner.⁠^[87][14] See going straight to court.

L

Liberal construction. A rule about how a statute is read. New York State: the Human Rights Law must be construed liberally to accomplish its remedial purposes, regardless of how federal civil rights laws have been construed.⁠^[88] New York City: the City law must be construed liberally to accomplish its uniquely broad and remedial purposes.⁠^[89]

Liquidated damages. An amount a statute sets or measures and that is awarded in addition to other relief. New York State: under Labor Law § 215 they are capped at $20,000.⁠^[90] Under Labor Law § 203-e they equal 100% of the damages award unless the employer proves a good-faith basis for its actions.⁠^[91]

M

Materially adverse action. Federal: in a Title VII retaliation claim, an action that well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.⁠^[92] New York City: under the City law the retaliation need not result in an ultimate action or in a materially adverse change in the terms and conditions of employment; the act must be reasonably likely to deter a person from engaging in protected activity.⁠^[93]

McDonnell Douglas framework. Federal: a three-step way of proving discrimination without direct evidence. The plaintiff shows a prima facie case, the employer states a legitimate, nondiscriminatory reason, and the plaintiff may then show the reason is a pretext; the burden of persuasion stays with the plaintiff throughout.⁠^[94][95] See how discrimination is proved.

Mediation. Federal: a voluntary, free process the EEOC may offer shortly after a charge is filed.⁠^[96] See mediation.

Mitigation. Federal: the reduction of back pay by what the person earned or could have earned with reasonable diligence.⁠^[26] A person need not take a demotion or a demeaning position, but forfeits back pay by refusing a job substantially equivalent to the one denied.⁠^[97]

Model sexual harassment prevention policy. New York State: the policy published by the Department of Labor with the Division of Human Rights, which any employer may adopt.⁠^[98] Adopting it does not by itself defeat a sexual harassment claim.⁠^[99] See inside the model policy.

Motivating factor. Federal: a Title VII discrimination violation is established when a protected characteristic was a motivating factor for the practice, even though other factors also motivated it.⁠^[100] That test does not apply to Title VII retaliation.⁠^[27] New York City: a plaintiff prevails by proving discrimination was one of the motivating factors.⁠^[101]

N

Nondisclosure agreement (NDA). A term preventing disclosure of information. New York State: an employer may not include in a settlement of a discrimination, harassment or retaliation claim a term preventing disclosure of the underlying facts and circumstances unless confidentiality is the complainant's preference.⁠^[102] Federal: for a sexual harassment or sexual assault dispute, a nondisclosure clause agreed to before the dispute arose is not judicially enforceable.⁠^[103] See NDAs and confidentiality.

No probable cause. New York State: a Division of Human Rights determination that dismisses the complaint; a court proceeding to review it must be started within 60 days after service of the order.⁠^[104][86] New York City: a Commission dismissal that the complainant may ask the Chairperson to review within 30 days of service.⁠^[105]

Notice of claim. New York State: a written notice that, where required, must be served on a public corporation within 90 days after a tort claim arises.⁠^[106] The Court of Appeals held that none is needed for a Human Rights Law claim against a municipality where only General Municipal Law §§ 50-e and 50-i apply.⁠^[107] See notice-of-claim rules.

Notice of right to sue. Federal: the EEOC notice, often called a right-to-sue letter, after which a person has 90 days to file a civil action.⁠^[108] The EEOC's regulation counts the 90 days from receipt.⁠^[109] See the right-to-sue notice.

NYC Commission on Human Rights. New York City: the agency that receives complaints under the City Human Rights Law; its Law Enforcement Bureau handles investigation and prosecution.⁠^[110] It can be reached through 311 or at (212) 416-0197.⁠^[10] See filing with the Commission.

NYCHRL. New York City: the New York City Human Rights Law, title 8 of the Administrative Code.⁠^[111] See the City law explained.

NYSHRL. New York State: the Human Rights Law, article 15 of the Executive Law.⁠^[112] See the State law explained.

O

OATH. New York City: the Office of Administrative Trials and Hearings, to which a City Commission case is referred for a hearing before an administrative law judge after a probable-cause finding.⁠^[113]

One-party consent. New York State criminal law: shorthand for the rule that follows from the definitions of eavesdropping, under which a person who is a party to a conversation and records it is not within the definitions of wiretapping or mechanical overhearing.⁠^[114] See recording conversations at work.

Opposition. Federal: one of the two kinds of protected activity under the EEO laws.⁠^[115] In the Second Circuit it includes informal protests such as complaints to management.⁠^[116] See protected activity.

P

Paid Family Leave. New York State: leave under the Workers' Compensation Law to care for a family member with a serious health condition, to bond with a child during the first twelve months after birth or placement, or for certain military-related needs. It does not cover the employee's own illness.⁠^[117]

Participation. Federal: the second kind of protected activity, meaning taking part in an EEO process.⁠^[115] In the Second Circuit it covers an employee named as a voluntary witness in a coworker's Title VII suit even if never called to testify.⁠^[118]

Petty slights or trivial inconveniences. New York State: an affirmative defense to liability for harassment, measured by what a reasonable victim of discrimination with the same protected characteristic or characteristics would consider petty slights or trivial inconveniences.⁠^[5] New York City: an affirmative defense that the employer has the burden of proving.⁠^[18] See the petty slights defense.

Pretext. Federal: an employer's stated reason that is not the real one. After the employer states a legitimate reason, the employee must have a fair opportunity to show it is a pretext.⁠^[95] In a retaliation case, weaknesses, implausibilities, inconsistencies or contradictions in the employer's stated reasons can show it.⁠^[28]

Prima facie case. Federal: the initial showing in a discrimination or retaliation case.⁠^[94] For Title VII retaliation in the Second Circuit it has four parts: protected activity, the employer's knowledge of it, an adverse employment action, and a causal connection.⁠^[15]

Probable cause. New York State: the Division of Human Rights describes it as enough reliable evidence to believe that discrimination occurred; it sends the case to a public hearing and is not the final decision.⁠^[119] New York City: the Commission's standard is whether a reasonable person, looking at the evidence as a whole, could conclude it is more likely than not that the unlawful practice was committed.⁠^[120]

Protected activity. What a retaliation law protects a person for doing. Federal: participating in an EEO process or opposing discrimination.⁠^[115] New York State: opposing a forbidden practice, filing a complaint, testifying or assisting in a proceeding, or requesting a reasonable accommodation.⁠^[121] See protected activity.

Protected characteristic. A trait a discrimination law names; also called a protected class. Federal: Title VII names race, color, religion, sex and national origin.⁠^[122] New York State: Executive Law § 296(1)(a) lists fifteen.⁠^[123] New York City: Admin. Code § 8-107(1)(a) lists sixteen, including height and weight.⁠^[124] See protected characteristics.

Punitive damages. Damages meant to punish. Federal: under Title VII they call for proof of malice or reckless indifference to federally protected rights and are not available against a government.⁠^[125] New York State: available against private employers for claims accruing on or after October 11, 2019, and not against government employers.⁠^[126][127] New York City: available for willful or wanton negligence, recklessness, or a conscious disregard of the rights of others.⁠^[128] See punitive damages.

Q

Qualified individual. Federal: under the ADA, a person who, with or without reasonable accommodation, can perform the essential functions of the job held or desired.⁠^[129]

Quid pro quo. Federal: a judicial label for harassment in which a tangible employment action results from refusing a supervisor's sexual demands.⁠^[7][130] New York State: the model policy describes it as a person in authority trying to trade job benefits for sexual favors.⁠^[131] See quid pro quo harassment.

R

Reasonable accommodation. A change to a job or workplace made to meet a person's needs, for example because of a disability. Federal: the ADA's examples include job restructuring, modified work schedules and reassignment to a vacant position.⁠^[132] New York State: refusing reasonable accommodations to an employee's known disabilities is an unlawful discriminatory practice.⁠^[133] New York City: the employer has the burden of proving undue hardship.⁠^[134] See reasonable accommodation.

Reasonable cause. Federal: the EEOC's finding, after investigating, that there is reason to believe the charge is true, which leads to conciliation.⁠^[39] A finding of no reasonable cause "does not mean the claims in the charge have no merit," in the words of the regulation, and the person still receives a notice of right to sue.⁠^[135]

Regarded as. Federal: the part of the ADA definition that covers a person subjected to a prohibited action because of an actual or perceived impairment.⁠^[136] An employer need not provide a reasonable accommodation to a person covered only under this part.⁠^[137] See perceived disability.

Release. A contract term giving up claims, common in severance agreements. Federal: even after signing one, a person can still file a charge with the EEOC, and no agreement can limit the right to testify, assist or participate in an EEOC investigation.⁠^[138] A waiver of federal age-discrimination rights has to give at least 21 days to consider it and at least 7 days to revoke.⁠^[139] See severance agreements.

Retaliation. Punishing a person for protected activity. Federal, New York State and New York City law each have their own provision.⁠^{[140][121][93]} See what workplace retaliation is.

S

Section 1981. Federal: 42 U.S.C. § 1981, which gives all persons the same right to make and enforce contracts as is enjoyed by white citizens, including in employment.⁠^[141] It encompasses retaliation claims and requires no EEOC charge.⁠^[142][143]

Severe or pervasive. Federal: the Title VII test for actionable harassment; either severity or pervasiveness is enough.⁠^[4] New York State: harassment is unlawful regardless of whether it would be considered severe or pervasive.⁠^[5] New York City: a harassment claim does not call for that proof.⁠^[6] See the federal test New York abandoned.

Sexual harassment. Federal: the EEOC regulation defines it as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in three listed situations.⁠^[144] New York State: the model policy defines it as a form of gender-based discrimination that includes harassment based on sex, sexual orientation, gender expression, gender identity and transgender status.⁠^[145] See what counts as sexual harassment.

Spoliation. New York State: the destruction of evidence. A party seeking sanctions for it must show an obligation to preserve the evidence, a culpable state of mind, and relevance.⁠^[146] See building a record.

Statute of limitations. The period within which a case has to be started. New York State: a court action under the Human Rights Law is governed by the three-year period of CPLR 214(2).⁠^[147] See every deadline in one table.

Summary judgment. Judgment without a trial. Federal: it is granted only if there is no genuine dispute as to any material fact. New York State: it is denied if a party shows facts sufficient to require a trial of any issue of fact.⁠^[148] See summary judgment.

Supervisor. Federal: for employer liability under Title VII, only someone the employer has empowered to take tangible employment actions against the victim.⁠^[149] New York City: the City law speaks instead of an employee or agent who "exercised managerial or supervisory responsibility."⁠^[150] See supervisor or coworker.

Supplemental jurisdiction. Federal: the basis on which a federal court hears State and City claims attached to federal claims.⁠^[60] If the court later dismisses those claims, their limitations period is tolled while they were pending and for 30 days after dismissal.⁠^[151]

T

Tangible employment action. Federal: a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.⁠^[152]

Temporal proximity. Federal: closeness in time between protected activity and an adverse action, offered to show causation. The U.S. Supreme Court has said that where timing alone is offered it has to be "very close."⁠^[153] The Second Circuit has not drawn a bright line.⁠^[154] See proving retaliation.

Title VII. Federal: Title VII of the Civil Rights Act of 1964, which bars employment discrimination because of race, color, religion, sex or national origin by employers with 15 or more employees.⁠^[122][64] See Title VII for New York workers.

Tolling. A pause in a limitations period; the days of the toll are excluded from the count.⁠^[155] New York City: the three-year period for a City Human Rights Law court action is tolled while a complaint is pending at the City Commission or the State Division.⁠^[156] See tolling and exceptions.

Treated less well. New York City: the liability test for harassment under the City law, under which the employee must prove being treated less well than other employees because of a protected characteristic.⁠^[157] See the "treated less well" standard.

U

Undue hardship. The employer's ground for refusing an accommodation. Federal: under the ADA, an action requiring significant difficulty or expense, judged by four statutory factors.⁠^[158] New York State: the statute lists three factors.⁠^[159] New York City: the employer has the burden of proving it.⁠^[134] See undue hardship.

Unlawful discriminatory practice. New York State: the Human Rights Law's term for a violation, meaning only the practices specified in Executive Law §§ 296, 296-a, 296-c and 296-d.⁠^[160]

V

Verified complaint. New York City: the signed, notarized complaint that has to be mailed or personally delivered to the Commission's Law Enforcement Bureau before the limitations period stops.⁠^[10] Federal: for an EEOC charge, "verified" includes an unsworn written declaration under penalty of perjury.⁠^[30]

Vicarious liability. An employer's responsibility for another person's act. Federal: an employer is vicariously liable for an actionable hostile environment created by a supervisor with authority over the employee.⁠^[17] New York State: in a 2021 decision under the City law, the Court of Appeals described its earlier State-law precedent as holding that the State Human Rights Law did not impose vicarious liability on employers, and that only an employer who became a party to the discriminatory act could be held liable.⁠^[161] New York City: an employer is liable for discrimination by an employee who exercised managerial or supervisory responsibility.⁠^[150]

W

Whistleblower. A person who reports wrongdoing. New York State: Labor Law § 740 protects an employee who discloses or threatens to disclose an employer practice the employee reasonably believes violates a law, rule or regulation.⁠^[162] Federal: the Dodd-Frank Act defines the term more narrowly, as someone who provided information about a securities-law violation to the SEC.⁠^[163] See Labor Law § 740.

Wrongful termination. An everyday phrase, not a general legal claim in New York. The Court of Appeals declined to recognize a tort of abusive or wrongful discharge, so a firing is unlawful only if it falls within a constitutional, statutory or express contractual limit.⁠^[8][164] See at-will employment and its limits.