Key points
- The New York State Human Rights Law lists "citizenship or immigration status" among the characteristics an employer may not use to refuse to hire, fire or discriminate in pay or working conditions.[1]
- The New York City Human Rights Law lists actual or perceived "immigration or citizenship status" in its employment discrimination section.[2]
- Title VII, the main federal statute, lists national origin but not immigration status.[3]
- Two New York Labor Law retaliation statutes say in their text that contacting or threatening to contact immigration authorities about a worker, or about the worker's family or household member, is retaliation.[4][5]
- Both statutes contain an exception tied to other law: the State law for verification "where required by law", the City law for discrimination another law requires or a preference it expressly permits.[6][7]
New York State law and New York City law each name immigration status as a characteristic an employer may not discriminate on. The New York State Human Rights Law (NYSHRL) lists "citizenship or immigration status", and the New York City Human Rights Law (NYCHRL) lists "immigration or citizenship status".[1][2] Separately, two New York Labor Law statutes define retaliation to include threatening to contact immigration authorities about a worker.[4][5]
This guide describes what the statutes and agency guidance say. It does not address two questions that matter a great deal to many immigrant workers: whether a worker's immigration status changes what a court or agency can award, and how any agency handles information about a person's status. Those are questions to put to a lawyer or a legal services organization before filing anything. The guide to free and low-cost legal help for New York workers lists places to start.
What does each layer of law say about immigration status?
Federal, New York State and New York City law can apply to the same workplace, and they treat immigration status differently. The guide to the three layers explains how they fit together.
| Layer | What the text lists | Which employers |
|---|---|---|
| Federal (Title VII) | Race, color, religion, sex and national origin. Immigration status is not in the list.[3] | Employers with 15 or more employees.[8] |
| New York State (NYSHRL) | "Citizenship or immigration status", alongside national origin and thirteen other characteristics.[1] | All employers within the state.[9] |
| New York City (NYCHRL) | Actual or perceived "immigration or citizenship status", alongside national origin and other characteristics.[2] | Generally, employers that had four or more persons in their employ during the period the City law defines.[10] |
New York State
"Citizenship or immigration status" was added to the State Human Rights Law by Chapter 748 of the Laws of 2022, which the Division of Human Rights says was signed on December 23, 2022; the act took effect immediately.[6] The statute defines the term as "the citizenship of any person or the immigration status of any person who is not a citizen of the United States."[6]
Because the category sits in the main employment list, the State law's core rules apply to it. An employer may not, because of a listed characteristic, refuse to hire, bar or discharge a person, or discriminate in compensation or in terms, conditions or privileges of employment.[1] Harassment because of citizenship or immigration status is named as an unlawful discriminatory practice in the State law's harassment provision.[11] The State law also limits job advertisements, application forms and pre-employment inquiries that express a limitation or specification as to citizenship or immigration status, unless based on a bona fide occupational qualification.[12]
It is no longer accurate to say that New York State protects immigrants only through the "national origin" category. Citizenship or immigration status is now its own listed category in the State law.[1][6] National origin remains a separate category, and by definition it includes ancestry.[13]
New York City
The City law's employment section makes it an unlawful discriminatory practice for an employer, or an employee or agent of the employer, to refuse to hire, to discharge, or to discriminate in compensation or in terms, conditions or privileges of employment because of a person's actual or perceived immigration or citizenship status.[2] The words "actual or perceived" mean the City law reaches treatment based on what the employer believes about a person, whether or not the belief is correct.[2] The City law defines the term as the citizenship of any person, or the immigration status of any person who is not a citizen or national of the United States.[14]
The City law also prohibits discrimination against a person because of the actual or perceived immigration or citizenship status of someone with whom that person has a known relationship or association.[15] The NYC Commission on Human Rights lists a legal enforcement guidance on immigration status and national origin among its published guidances.[16]
Federal law
Title VII prohibits discrimination because of national origin, and EEOC regulations state that ethnic slurs and other verbal or physical conduct relating to national origin can be unlawful harassment under Title VII.[3][17] The EEOC also points to a separate federal statute: it states that the Immigration Reform and Control Act of 1986 prohibits national-origin discrimination by employers with 4 to 14 employees and citizenship-status discrimination by employers with 4 or more employees, and that charges under that Act are processed by the U.S. Department of Justice.[18]
Can an employer still verify work authorization?
Yes, where another law calls for it. The State definition of "citizenship or immigration status" says that nothing in the Human Rights Law precludes verification of citizenship or immigration status where required by law, and that an adverse action based on verification is not prohibited where that adverse action is required by law.[6]
The City law has its own provision. It says that discriminating on the ground of immigration or citizenship status, asking about it, or preferring a U.S. citizen or national over an equally qualified person who is not one is not an unlawful discriminatory practice when the discrimination is required, or the preference is expressly permitted, by a law or regulation of the United States, New York State or the City, and that law does not provide that state or local law may be more protective.[7]
Each provision is tied to another law: the State text speaks of verification and adverse action "required by law", and the City text of discrimination that is required, or a preference that is expressly permitted, by a law or regulation.[6][7]
Is a threat to call immigration authorities retaliation?
Under two New York State statutes, the text says so directly.
- Labor Law § 740 (whistleblower law). "Retaliatory action" includes threatening to contact or contacting United States immigration authorities, or otherwise reporting or threatening to report the suspected citizenship or immigration status of an employee or of the employee's family or household member to a federal, state or local agency.[4] The statute applies to any employer with one or more employees.[19]
- Labor Law § 215 (complaints about Labor Law violations). To "threaten, penalize, or in any other manner discriminate or retaliate" includes the same conduct.[5] A worker's complaint does not have to cite a section of the Labor Law to be protected.[20]
The State and City Human Rights Laws have general retaliation provisions. The State law prohibits retaliating against any person because that person opposed a forbidden practice, filed a complaint, testified or assisted in a proceeding, or requested a reasonable accommodation.[21] The City law prohibits retaliating "in any manner", and says the act complained of need only be reasonably likely to deter a person from engaging in protected activity.[22] The State's model sexual harassment prevention policy, which is a model document and not a court's statement of the legal test, lists "undermining an individual's immigration status" among its examples of retaliation.[23]
Under federal law, the EEOC's 2016 enforcement guidance on retaliation lists requiring re-verification of work status, making threats of deportation, or initiating other action with immigration authorities because of protected activity among its examples of materially adverse actions.[24] In an example involving undocumented workers who complained of sexual harassment, the same guidance states that threatening to report their suspected status was actionable retaliation and that the workers' undocumented status was not a defense.[25] That guidance was still posted on the EEOC's website on October 5, 2026, and says of itself that it does not have the force and effect of law.[26]
The separate guide on immigration status threats as retaliation covers these provisions in depth, and the overview of workplace retaliation in New York explains what a retaliation claim involves.
Where else does New York law mention immigration status?
- For the State's annual sexual harassment prevention training, the State says "employee" includes all workers, regardless of immigration status.[27] The policy and training guide has the details.
- New York City's Department of Consumer and Worker Protection states in its protected time off notice that workers have the right to leave regardless of immigration status, and that it is illegal to punish or fire employees for requesting or using leave.[28]
Where and when can a complaint be filed?
| Law | Forum | Time limit |
|---|---|---|
| NYSHRL | State Division of Human Rights | Three years after the alleged practice.[29] |
| NYSHRL | Court | Three years.[30] |
| NYCHRL | NYC Commission on Human Rights | One year; three years for a claim of gender-based harassment.[31][32] |
| NYCHRL | Court | Three years.[33] |
| Title VII (national origin) | EEOC | 300 days in New York, according to the EEOC's New York District Office, for a charge against an employer with 15 or more employees.[34] |
| Labor Law § 740 | Court | Two years after the retaliatory action.[35] |
| Labor Law § 215 | Court | Two years after the violation.[36] |
Reporting discrimination to the State Division of Human Rights is free and does not require an attorney, and the City Commission does not charge for its services.[37][38] Under New York State law and under New York City law, a person who has filed a complaint with either agency generally cannot then sue in court on the same claim, with exceptions for certain agency dismissals that differ between the two statutes.[39][40] The guides to claim deadlines, choosing a forum and election of remedies explain these choices.
What people get wrong
- "Only large companies are covered." The State Human Rights Law covers all employers within the state, and Labor Law § 740 covers employers with one or more employees.[9][19] The 15-employee threshold belongs to federal Title VII.[8] See which employers are covered.
- "A threat only counts if it is about me." Labor Law §§ 740 and 215 both cover threats about the suspected status of an employee's family or household member.[4][5]
- "It is the same as national origin discrimination." State and City law list them as separate categories, and federal Title VII lists only national origin.[1][2][3] The side-by-side list of protected characteristics shows each layer.
- "Harassment law does not apply to status." The State harassment provision names citizenship or immigration status.[11] The guide to hostile work environment based on characteristics other than sex explains the tests.
Practical steps
Write down what was said or done, when, and who was present, while the details are fresh. Keep copies of messages you received in the ordinary course of your job. Before contacting an agency, consider speaking with a lawyer or a legal services organization about the two open questions noted at the top of this guide, since the answers can affect which law and which forum make sense for you.
Common questions
Is immigration status a protected category in New York?
Yes, at two levels. The New York State Human Rights Law has listed "citizenship or immigration status" since Chapter 748 of the Laws of 2022, which the Division of Human Rights says was signed on December 23, 2022.[6] The New York City Human Rights Law lists actual or perceived "immigration or citizenship status" in its employment section.[2] Federal Title VII lists race, color, religion, sex and national origin.[3]
Can my employer threaten to report me to immigration because I complained?
Two New York State statutes address this in their text. Labor Law § 740, the whistleblower law, and Labor Law § 215, which protects complaints about Labor Law violations, each define retaliation to include contacting or threatening to contact United States immigration authorities, or reporting or threatening to report the suspected status of the employee or of a family or household member.[4][5] Under federal law, EEOC guidance from 2016 describes such threats as actionable retaliation; that guidance does not have the force of law.[25][26]
Does a small business have to follow these rules?
Under New York State law, yes: the Human Rights Law covers all employers within the state.[9] The New York City law generally applies once an employer has had four or more persons in its employ during the relevant period.[10] Federal Title VII applies only to employers with 15 or more employees.[8] Labor Law § 740 applies to any employer with one or more employees.[19]
Can an employer ask about immigration status at all?
The statutes do not ban every question. The State definition says nothing in the Human Rights Law precludes verification of citizenship or immigration status where required by law.[6] The City law says an inquiry is not an unlawful practice when the discrimination is required, or the preference expressly permitted, by another law or regulation that does not allow more protective local law.[7] Separately, the State law restricts pre-employment inquiries that express a limitation based on a protected characteristic.[12]
How long do I have to file an immigration status discrimination complaint?
It depends on the law and the forum. A complaint to the State Division of Human Rights must be filed within three years, and a State-law court action within three years.[29][30] A complaint to the NYC Commission on Human Rights must generally be filed within one year, while a City-law court action has three years.[31][33] A federal Title VII charge in New York, which can cover national origin but not immigration status as such, is due within 300 days according to the EEOC's New York District Office.[34][3]
Sources
- N.Y. Exec. Law § 296(1)(a) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-107(1)(a). — New York City Commission on Human Rights
- 42 U.S.C. § 2000e-2(a)(1) — Legal Information Institute, Cornell Law School
- N.Y. Lab. Law § 740(1)(e)(iii) — New York State Senate, Laws of New York
- N.Y. Lab. Law § 215(1)(a); L. 2019, ch. 126 (S.5791/A.5501), signed 27 July 2019 — New York State Senate, Laws of New York
- N.Y. Exec. Law § 292(41); L. 2022, ch. 748, § 15 — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-107(14) — New York City Commission on Human Rights
- 42 U.S.C. § 2000e(b) — Legal Information Institute, Cornell Law School
- N.Y. Exec. Law § 292(5) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-102 ("Employer"). — New York City Commission on Human Rights
- N.Y. Exec. Law § 296(1)(h) — New York State Senate, Laws of New York
- N.Y. Exec. Law § 296(1)(d) — New York State Senate, Laws of New York
- N.Y. Exec. Law § 292(8), (26), (27), (28), (37), (39) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-102 ("Immigration or citizenship status") — New York City Commission on Human Rights
- N.Y.C. Admin. Code § 8-107(20). — New York City Commission on Human Rights
- NYC Commission on Human Rights, "Legal Enforcement Guidance." — New York City Commission on Human Rights
- 29 C.F.R. § 1606.8(a)–(b) — Legal Information Institute, Cornell Law School
- EEOC, "Coverage" — "Citizenship & Coverage" (read 5 Oct 2026) — U.S. Equal Employment Opportunity Commission
- N.Y. Lab. Law § 740(1)(b) — New York State Senate, Laws of New York
- N.Y. Lab. Law § 215(1)(a) — New York State Senate, Laws of New York
- N.Y. Exec. Law § 296(7) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-107(7) — New York City Commission on Human Rights
- NYS Model Sexual Harassment Prevention Policy (2023 version), p. 6, "Retaliation" — State of New York
- EEOC Enforcement Guidance on Retaliation § II.B.2 (2016) — U.S. Equal Employment Opportunity Commission
- EEOC Enforcement Guidance on Retaliation and Related Issues § II.B.2, Example 15 (2016) — U.S. Equal Employment Opportunity Commission
- EEOC, Enforcement Guidance on Retaliation and Related Issues, No. 915.004 (Aug. 25, 2016) — U.S. Equal Employment Opportunity Commission
- NYS, *Combating Workplace Sexual Harassment FAQs*, Training Q1 — State of New York
- N.Y.C. Admin. Code § 20-918; NYC DCWP, Notice of Employee Rights: Protected Time Off (rev. 02/22/2026) — City of New York
- N.Y. Exec. Law § 297(5) — New York State Senate, Laws of New York
- Murphy v. American Home Products Corp., 58 N.Y.2d 293, 307 (1983); N.Y. C.P.L.R. § 214(2) — CourtListener, Free Law Project
- N.Y.C. Admin. Code § 8-109(e). — New York City Commission on Human Rights
- N.Y.C. Admin. Code § 8-109(e); Local Law 100 of 2018. — New York City Commission on Human Rights
- N.Y.C. Admin. Code § 8-502(d). — New York City Commission on Human Rights
- EEOC, New York District Office, "Timeliness" (read 5 Oct 2026) — U.S. Equal Employment Opportunity Commission
- N.Y. Lab. Law § 740(4)(a) — New York State Senate, Laws of New York
- N.Y. Lab. Law § 215(2)(a) — New York State Senate, Laws of New York
- N.Y.S. Division of Human Rights, "Report Discrimination" — New York State Division of Human Rights
- NYC Commission on Human Rights, "Complaint Process." — New York City Commission on Human Rights
- N.Y. Exec. Law § 297(9); N.Y.C. Admin. Code § 8-502(a)-(b) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-502(b). — New York City Commission on Human Rights