The New York State Human Rights Law, Explained

The New York State Human Rights Law (NYSHRL) is article 15 of the Executive Law, sections 290 through 301.⁠^[1] It covers all employers within the state, bars discrimination and harassment in employment because of fifteen listed characteristics, and can be enforced either through the State Division of Human Rights or in court.⁠^[2][3][4][8]

This page walks through the statute in order. It is one of three layers of law that apply to New York workplaces; the others are described in the three layers of workplace law and in the companion tour of the New York City Human Rights Law.

A map of the statute

Section	What it does
§ 290	Names the law and states its purpose⁠[1][10]
§ 291	Declares the opportunity to obtain employment without discrimination a civil right⁠[11]
§ 292	Definitions, including "employer," "employee" and the protected characteristics⁠[2][12][13]
§ 293, § 295	Create the Division of Human Rights and set out its powers⁠[14][15]
§ 296	Lists the unlawful discriminatory practices⁠[3]
§ 296-c	Protects unpaid interns⁠[16]
§ 296-d	Protects non-employees such as contractors, vendors and consultants⁠[17]
§ 297	Procedure, deadlines, remedies and the choice between the Division and court⁠[6][18][8]
§ 298	Court review of Division orders⁠[19]
§ 298-a	Acts committed outside the state against New York residents⁠[20]
§ 299	Criminal penalty for obstructing the Division or willfully violating its orders⁠[21]
§ 300	How the statute is to be construed⁠[9]
§ 301	Separability⁠[22]

Purpose and construction: §§ 290, 291 and 300

The Legislature declared that the State has the responsibility to act to assure that every individual within the state is afforded an equal opportunity to enjoy a full and productive life.⁠^[10] The law is declared to be an exercise of the State's police power and a fulfillment of the civil-rights provisions of the State Constitution.⁠^[23]

Section 300 tells courts and the Division how to read everything else. The NYSHRL has to be construed liberally to accomplish its remedial purposes, regardless of whether federal civil rights laws, including comparably worded ones, have been so construed.⁠^[9] Exceptions and exemptions are construed narrowly in order to maximize deterrence of discriminatory conduct.⁠^[9] That language was added by L. 2019, ch. 160, signed August 12, 2019.⁠^[24]

Who is covered: § 292

• Employers. The term includes all employers within the state.⁠^[2] The State itself and cities, counties, towns and villages are employers of their own officials and employees.⁠^[25] See which employers are covered.
• Employees. The definition excludes individuals employed by their own parents, spouse or child.⁠^[12] Domestic workers have been employees with the law's full employment protections since L. 2021, ch. 830 took effect on December 31, 2021.⁠^[26]
• Interns and non-employees. Unpaid interns are protected by § 296-c, and contractors, vendors, consultants and others providing services under a contract in the workplace are protected by § 296-d.⁠^[16][17] See who is protected.
• Location. A person who does not live in New York State has to plead and prove that the alleged discriminatory conduct had an impact within the state.⁠^[27]

What the statute prohibits: § 296

"Unlawful discriminatory practice" is a closed term: it means only the practices specified in §§ 296, 296-a, 296-c and 296-d.⁠^[28]

Discrimination

Under § 296(1)(a) an employer may not, because of a protected characteristic, refuse to hire, bar or discharge from employment, or discriminate in compensation or in terms, conditions or privileges of employment.⁠^[3] The fifteen characteristics are age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, and status as a victim of domestic violence.⁠^[3] The list does not include height or weight.⁠^[29] A side-by-side comparison with the federal and City lists is in protected characteristics.

Parallel paragraphs apply to employment agencies and labor organizations.⁠^[30][31] Since a 2025 amendment, an unlawful discriminatory practice in employment may also be established by a practice's discriminatory effect, even without discriminatory intent.⁠^[32]

Harassment

Section 296(1)(h) makes it an unlawful discriminatory practice to subject any individual to harassment because of any protected characteristic, or because the individual opposed forbidden practices or took part in a proceeding.⁠^[4] The paragraph sets its own test:

• Harassment is unlawful regardless of whether it would be considered severe or pervasive under the case law previously applied to harassment claims.⁠^[4]
• It is unlawful when it subjects an individual to inferior terms, conditions or privileges of employment because of membership in one or more protected categories.⁠^[4]
• It is an affirmative defense that the conduct does not rise above what a reasonable victim of discrimination with the same protected characteristic or characteristics would consider petty slights or trivial inconveniences.⁠^[4]
• The employee does not have to identify another person who was treated better.⁠^[4]
• The fact that the individual did not complain to the employer is not determinative of whether the employer is liable.⁠^[4]

The paragraph took effect on October 11, 2019, and applies only to claims accruing on or after that date.⁠^[5] For State claims that accrued earlier, the plaintiff had to meet the older severe or pervasive test.⁠^[33] See what a hostile work environment is and the petty slights defense.

Retaliation and accommodation

The NYSHRL prohibits retaliation in three places: § 296(1)(e), § 296(7) and the harassment paragraph.⁠^[34] Since L. 2025, ch. 600, signed December 5, 2025, § 296(7) expressly lists requesting a reasonable accommodation as protected activity.⁠^[35] See what workplace retaliation is.

The duty to accommodate disability is in § 296(3), and pregnancy-related conditions are treated as temporary disabilities.⁠^[36] An employer also may not make it a condition of employment that a person forgo a sincerely held religious practice unless it shows, after a bona fide effort, that it cannot reasonably accommodate the practice without undue hardship.⁠^[37] See reasonable accommodation.

Who is liable

Court of Appeals decisions that predate the 2019 amendments hold that an employer is liable under the NYSHRL for an employee's discriminatory act only if it became a party to it by encouraging, condoning or approving it.⁠^[38] The 2019 statute added that an employee's failure to complain is not determinative.⁠^[4] This guide does not state how far the older rule applies to claims that accrued after the 2019 amendments. The comparison with federal and City law is in employer liability for supervisors and coworkers.

As for individuals, the Court of Appeals said in 2021 that a corporate employee, even a manager or supervisor, is not individually liable as an "employer" under the State law.⁠^[39] Under § 296(6) any person commits an unlawful discriminatory practice by aiding, abetting, inciting, compelling or coercing a forbidden act.⁠^[40] See whether you can sue your boss personally.

Enforcement: § 297

Two routes, and a choice between them

A person may sue in court on an NYSHRL claim unless that person has filed a complaint on it with the Division or with a local commission on human rights.⁠^[8] A complaint the EEOC files with the Division to satisfy federal deferral requirements does not count as that filing.⁠^[41] If the Division dismisses the complaint for administrative convenience, for untimeliness, or because the election of remedies is annulled, the person keeps all rights to bring suit.⁠^[8] After a no-probable-cause dismissal in an employment case, the route is judicial review, started within 60 days after service of the order, not a new lawsuit.⁠^[42][19] The election of remedies guide covers this choice.

Time limits

Route	Time limit under the NYSHRL
Division of Human Rights complaint, conduct on or after February 15, 2024	Three years after the alleged unlawful discriminatory practice⁠[6][43]
Division of Human Rights complaint, conduct before February 15, 2024	One year from the most recent incident, except three years for workplace sexual harassment⁠[44]
Court action	Three years⁠[7]
Court review of a Division order	60 days after service of the order⁠[19]

The Division's own procedural rule, as published on Cornell's Legal Information Institute in October 2026, still says a complaint has to be filed within one year; the statute itself says three years.⁠^[45][6] Other deadlines, including the federal ones, are in the deadlines guide.

The Division process in brief

1. Any person claiming to be aggrieved may file a written complaint, personally or through an attorney, under oath or by declaration.⁠^[46] The Division says reporting discrimination to it is free and does not require an attorney.⁠^[47]
2. The Division serves the complaint, obtains the respondent's written response and gives the complainant an opportunity to reply.⁠^[48]
3. The statute directs the Division to determine within 180 days whether it has jurisdiction and whether there is probable cause.⁠^[49]
4. If there is probable cause, the case goes to a public hearing before a hearing examiner.⁠^[50][51]
5. The Commissioner issues the final order.⁠^[52]

See how to file with the Division and the investigation and hearing stages.

Remedies

• Orders. After a hearing the Commissioner may order the respondent to cease and desist and to take affirmative action, including hiring, reinstatement or upgrading of employees, with or without back pay.⁠^[18]
• Compensatory damages. The Division may award them, and § 297 states no dollar limit.⁠^[53]
• Punitive damages. Available in employment cases against private employers, in court and before the Division, for claims accruing on or after October 11, 2019.⁠^[54] They are not available against the State or local governments.⁠^[55]
• Civil fines. Up to $50,000, or up to $100,000 if the act is found to be willful, wanton or malicious; these are paid to the State.⁠^[56]
• Attorney's fees. The Commissioner or the court may, in its discretion, award reasonable attorney's fees to a prevailing or substantially prevailing party.⁠^[57] A prevailing respondent can recover fees only by showing the case was frivolous.⁠^[57]
• In court. A person aggrieved has a cause of action for damages and such other remedies as may be appropriate.⁠^[8]

The remedies under all three layers are compared in the damages guide.

What changed between 2019 and 2025?

Change	When
Liberal-construction language added to § 300	L. 2019, ch. 160, signed August 12, 2019, and effective immediately⁠[24]
Harassment paragraph § 296(1)(h) added; punitive damages against private employers; non-employee protection widened to all discrimination	October 11, 2019⁠[5][54][58]
Four-employee minimum removed	180th day after August 12, 2019⁠[59]
Domestic workers made employees with full protections	December 31, 2021⁠[26]
Disclosing personnel files named as possible retaliation	L. 2022, ch. 140, signed March 16, 2022⁠[60]
Citizenship or immigration status added	December 23, 2022⁠[61]
Division filing period extended to three years for all claims	Claims arising on or after February 15, 2024⁠[43]
Requesting a reasonable accommodation added to protected activity	L. 2025, ch. 600, signed December 5, 2025⁠[35]

The 2019 amendments apply only to claims that accrued on or after each provision's effective date; conduct before those dates is governed by the earlier law.⁠^[62] A fuller timeline is in recent changes to New York employment discrimination law.

What do people commonly get wrong about the State law?

• "State harassment claims need severe or pervasive conduct." Not for claims accruing on or after October 11, 2019.⁠^[4][5]
• "Punitive damages are capped at $10,000." That figure limits punitive damages in housing cases; the statute sets no dollar cap on punitive damages in employment cases.⁠^[54]
• "The civil fines go to the employee." They are paid to the State.⁠^[56]
• "The Division decides in 180 days." The 180 days is a statutory direction for the probable-cause determination.⁠^[49] The 270 days for a notice of hearing is likewise a statutory direction.⁠^[51]
• "You have to report internally before you have a claim." Under § 296(1)(h) the fact that the individual did not complain to the employer is not determinative.⁠^[4]