Protected Characteristics Under Federal, New York State and New York City Law

Employment discrimination law does not cover every kind of unfair treatment; it covers treatment that is because of a characteristic the law lists.⁠^[1][2][3] Federal Title VII lists five characteristics, the New York State Human Rights Law (NYSHRL) lists fifteen, and the employment provision of the New York City Human Rights Law (NYCHRL) lists sixteen, with more in separate City subdivisions.⁠^[1][2][3]

The table below sets the lists side by side. For how the three laws relate to each other, see the three layers of workplace law.

Which characteristics does each law protect?

The federal column covers Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and the federal genetic information statute.⁠^{[1][8][9][10]} It is not a survey of every federal law. The State column is Executive Law § 296(1)(a) and the City column is Administrative Code § 8-107(1)(a), unless a cell says otherwise.⁠^[2][3]

Characteristic	Federal	New York State (NYSHRL)	New York City (NYCHRL)
Race	Listed in Title VII⁠[1]	Listed; defined to include traits historically associated with race, including hair texture and protective hairstyles⁠[2][11]	Listed⁠[3]
Color	Listed in Title VII⁠[1]	Listed⁠[2]	Listed⁠[3]
National origin	Listed in Title VII⁠[1]	Listed; includes ancestry⁠[2][11]	Listed; includes ancestry⁠[3][12]
Religion	Listed in Title VII as "religion"⁠[1]	Listed as "creed"⁠[2][4]	Listed as "creed"⁠[3]
Sex or gender	"Sex" is listed in Title VII and includes pregnancy, childbirth and related medical conditions⁠[1][13]	"Sex" is listed⁠[2]	"Gender" is listed; it includes actual or perceived sex, gender identity and gender expression⁠[3][12]
Sexual orientation	Not named in Title VII's list; the Supreme Court held in 2020 that firing someone for being homosexual is sex discrimination⁠[1][14]	Listed; means heterosexuality, homosexuality, bisexuality or asexuality, actual or perceived⁠[2][11]	Listed; defined as a continuum that includes heterosexuality, homosexuality, bisexuality, asexuality and pansexuality⁠[3][12]
Gender identity or expression	Not named in Title VII's list; the Supreme Court held in 2020 that firing someone for being transgender is sex discrimination⁠[1][14]	Listed; includes the status of being transgender⁠[2][15]	Covered by the definition of "gender"⁠[12]
Age	ADEA; limited to individuals who are at least 40⁠[6][9]	Listed; the age provision protects individuals 18 or older⁠[2][7]	Listed⁠[3]
Disability	ADA⁠[8]	Listed⁠[2]	Listed⁠[3]
Genetic information or characteristics	Genetic information, under a separate federal statute⁠[10]	"Predisposing genetic characteristics" is listed⁠[2]	Not in the § 8-107(1)(a) list⁠[3]
Citizenship or immigration status	Not in Title VII's list⁠[1]	Listed since December 23, 2022⁠[2][16]	Listed as "immigration or citizenship status"⁠[3]
Military or uniformed service	Not in Title VII's list⁠[1]	"Military status" is listed⁠[2]	"Uniformed service" is listed⁠[3]
Marital status	Not in Title VII's list⁠[1]	Listed⁠[2]	Listed⁠[3]
Partnership status	Not in Title VII's list⁠[1]	Not in the § 296(1)(a) list⁠[2]	Listed⁠[3]
Familial status	Not in Title VII's list⁠[1]	Listed; includes a person who is pregnant or has a child under 18⁠[2][11]	Not in the § 8-107(1)(a) list by that name; see caregiver status⁠[3]
Caregiver status	Not in Title VII's list⁠[1]	Not in the § 296(1)(a) list⁠[4]	Listed; a caregiver provides direct and ongoing care for a minor child or a care recipient⁠[3][17]
Status as a victim of domestic violence	Not in Title VII's list⁠[1]	Listed⁠[2][18]	Protected in a separate subdivision, § 8-107(27), which also covers victims of sex offenses or stalking⁠[19]
Sexual and reproductive health decisions	Not in Title VII's list⁠[1]	Not in the § 296(1)(a) list; a separate statute, Labor Law § 203-e, covers reproductive health decision-making⁠[4][20]	Listed⁠[3][21]
Height and weight	Not in Title VII's list⁠[1]	Not in the § 296(1)(a) list⁠[4]	Listed, with statutory exceptions and defenses⁠[3][5]
Arrest or conviction record	Not in Title VII's list⁠[1]	Addressed in separate subdivisions, § 296(15) and (16)⁠[22]	Addressed in separate subdivisions, § 8-107(10), (11) and (11-a)⁠[23]
Unemployment status, credit history, salary history	Not in Title VII's list⁠[1]	Credit history and unemployment status are not in the § 296(1)(a) list⁠[4]	Addressed in separate subdivisions, § 8-107(21), (24) and (25)⁠[24]

Which list applies also depends on employer size and location. Title VII and the ADA apply to employers with 15 or more employees, the federal age law to employers with 20 or more, the NYSHRL to all employers within the state, and the NYCHRL generally to employers with four or more persons.⁠^{[25][26][27][28][29]} See which employers are covered.

What does the federal list cover, and what does it leave out?

Title VII's text lists race, color, religion, sex and national origin.⁠^[1] It defines "because of sex" to include pregnancy, childbirth and related medical conditions.⁠^[13] In Bostock v. Clayton County (2020), the U.S. Supreme Court held that an employer who fires an individual for being homosexual or transgender violates Title VII's ban on discrimination because of sex.⁠^[14] The Court said it was not addressing sex-segregated bathrooms, locker rooms or dress codes under Title VII.⁠^[14]

Age, disability and genetic information are in separate federal statutes.⁠^[9][8][10] The federal age law is limited to individuals who are at least 40 and applies to employers with 20 or more employees.⁠^[6][27]

Federal protection is not limited to groups thought of as minorities. On June 5, 2025, in Ames v. Ohio Department of Youth Services, the Supreme Court held that a Title VII plaintiff who belongs to a majority group does not have to show extra "background circumstances," and that the standard for proving disparate treatment is the same for every plaintiff.⁠^[30] More on the federal statute is in Title VII in New York.

What does the New York State list cover?

As of October 2026, Executive Law § 296(1)(a) lists 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.⁠^[2] The list did not change between September 2025 and October 2026.⁠^[31]

Recent additions to the State list

• Gender identity or expression was added by L. 2019, ch. 8. It means 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 the status of being transgender.⁠^[15]
• Citizenship or immigration status was added by L. 2022, ch. 748, signed December 23, 2022, and effective immediately.⁠^[16]

State definitions worth knowing

• "Race" includes traits historically associated with race, including hair texture and protective hairstyles such as braids, locks and twists.⁠^[11]
• "Familial status" includes any person who is pregnant or has a child under 18.⁠^[11]
• Pregnancy-related conditions are treated as temporary disabilities under the NYSHRL.⁠^[32]
• The State age provision protects individuals "eighteen years of age or older."⁠^[7]
• A "predisposing genetic characteristic" is an inherited gene or chromosome, or alteration of one, that is scientifically or medically believed to predispose a person or the person's offspring to a disease or disability.⁠^[33]

What the State list does not include

Executive Law § 296(1)(a) does not list height, weight, reproductive health decisions, caregiver status, credit history or unemployment status, and it uses the word "creed" where federal law says "religion."⁠^[4] Two of those gaps are filled elsewhere in State law. Labor Law § 203-e, a separate statute, forbids an employer to discriminate or retaliate against an employee because of the employee's or a dependent's reproductive health decision-making, and gives the employee a civil action in court.⁠^[20] Criminal-record protections sit in their own subdivisions of § 296 and are not part of the (1)(a) list.⁠^[22]

The NYSHRL's declaration of civil rights in § 291 names fewer characteristics than § 296(1)(a); § 296 is the provision that defines what is unlawful.⁠^[34]

What does the New York City list cover?

Administrative Code § 8-107(1)(a) protects against employment discrimination because of actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, caregiver status, sexual and reproductive health decisions, sexual orientation, uniformed service, height, weight, and immigration or citizenship status.⁠^[3]

Characteristics on the City list that the State list lacks

• Height and weight were added by Local Law 61 of 2023. An employer may act on height or weight where required by law or permitted by a Commission regulation, and it is an affirmative defense that height or weight prevents the person from performing the essential requisites of the job with no reasonable alternative, or that the criterion is reasonably necessary to the employer's normal operations.⁠^[5]
• Caregiver status covers a person who provides direct and ongoing care for a minor child or a care recipient.⁠^[17]
• Sexual and reproductive health decisions means any decision to receive services relating to sexual and reproductive health, including fertility procedures, contraception, sterilization, pregnancy testing and abortion.⁠^[21]
• Partnership status is listed alongside marital status.⁠^[3]

City protections that sit outside § 8-107(1)(a)

Several City employment protections are in their own subdivisions, each with its own rules. Status as a victim of domestic violence, sex offenses or stalking is protected under § 8-107(27).⁠^[19] Arrest and conviction records are addressed in § 8-107(10), (11) and (11-a).⁠^[23] Unemployment status, consumer credit history and salary history are addressed in § 8-107(21), (24) and (25).⁠^[24]

What the City list does not include

The § 8-107(1)(a) list does not use the terms familial status, military status or predisposing genetic characteristics, which appear in the State list.⁠^[3][2] The City list instead names caregiver status and uniformed service.⁠^[3]

Do you have to actually have the characteristic?

The NYCHRL protects a person who is treated worse because of an "actual or perceived" characteristic.⁠^[3] It also prohibits discrimination against a person because of the actual or perceived race, creed, color, national origin, disability, age, sexual orientation, uniformed service or immigration or citizenship status of someone with whom that person has a known relationship or association.⁠^[35] Under the NYSHRL, the definitions of sexual orientation and of gender identity or expression each include the words "actual or perceived."⁠^[11][15] For disability, see perceived disability and association discrimination.

Which characteristics come with a duty to accommodate?

For a few characteristics the law goes beyond a ban on worse treatment and asks the employer to adjust.

• Religion. Under the NYSHRL an employer may not make it a condition of employment that a person violate or forgo a sincerely held religious practice unless, after a bona fide effort, it shows it cannot reasonably accommodate the practice without undue hardship.⁠^[36] Under the NYCHRL the employer bears the burden of proving undue hardship in a religious accommodation case.⁠^[37]
• Disability. See reasonable accommodation in New York and what counts as a disability; the NYCHRL makes it unlawful not to provide a reasonable accommodation that enables a person with a disability to satisfy the essential requisites of the job.⁠^[38]
• Pregnancy. Under the NYCHRL an employer has to reasonably accommodate an employee's pregnancy, childbirth or related medical condition where it is known or should have been known.⁠^[39] See pregnancy accommodation.
• Victims of domestic violence. Under the NYSHRL an employer has to reasonably accommodate a known victim of domestic violence who needs to be absent for a reasonable time for listed purposes, unless the absence would be an undue hardship.⁠^[40]

Do the same lists apply to harassment?

Under the NYSHRL, harassment is a named unlawful practice for every protected characteristic on the State list, not only sex.⁠^[41] The guide to hostile work environments based on race, religion, age or disability explains how the tests apply across characteristics, and unfair versus illegal treatment explains why a link to a protected characteristic or protected activity is needed.

What do people commonly get wrong?

• "Height and weight are protected in New York." In New York City, under the City law; they are not in Executive Law § 296(1)(a).⁠^[4][5]
• "Reproductive health decisions are a State Human Rights Law category." At the State level they are protected by Labor Law § 203-e, a separate statute; the City law lists sexual and reproductive health decisions in § 8-107(1)(a).⁠^[20][21]
• "Immigration status is covered only as national origin." Under the NYSHRL it has been a listed characteristic of its own since December 23, 2022.⁠^[16]
• "Everything the City protects is in § 8-107(1)(a)." Domestic violence victim status, criminal record, credit history, salary history and unemployment are each in a separate subdivision.⁠^[19][23][24]
• "Age discrimination law starts at 40." That is the federal rule; the State age provision protects individuals 18 or older.⁠^[6][7]