Our firm has had several blogs about federal and New York State laws prohibiting discrimination in the workplace. While federal and state laws are very important, local city codes are also important for employers to be aware of and to comply with. We’re going to give you the lowdown across New York State, all in one place.
Buffalo
Buffalo’s City Code broadly prohibits discriminatory practices that infringe on civil rights. Employers can’t interfere with someone’s right to apply for or enjoy employment, or to access services and benefits provided by federal, state, or city governments.
Protected classes include religion, national origin, disability (physical or mental), age (60+), sexual orientation (actual or perceived), and gender identity or expression. These protections apply across employment practices and public services within the Buffalo city limits.
New York City
The New York City Human Rights Law (NYCHRL) is very similar to the New York State Human Rights law (NYSHRL), but courts consistently interpret NYCHRL more broadly which often gives NYC-based employees more power in the employment relationship dynamic.
The NYCHRL offers protections covering employment discrimination based on age, citizenship status, disability, gender, pregnancy, race, religion, sexual orientation, veteran status, and more. It applies to all aspects of employment, from hiring and promotions to evaluations and terminations. Employers also must provide reasonable accommodations for disabilities, pregnancy, religious observance, domestic violence survivor status, and lactation needs.
Retaliation for opposing or reporting discrimination is strictly prohibited.
Syracuse
Syracuse’s Fair Practices Ordinance prohibits employment discrimination based on actual or perceived sex, gender identity or expression, and sexual orientation. These protections apply to hiring, compensation, promotions, and workplace conditions.
The city ordinance also bans retaliation and requires employers to avoid discriminatory language in job postings or interviews. It applies to businesses with four or more employees, as well as employment and training programs.
Discrimination in public accommodations, like restaurants or retail spaces, is also prohibited, with exemptions for religious organizations and private clubs.
Rochester
Rochester City Code § 63‑4 bans discrimination in employment, job training, and public messaging based on age, race, religion, gender identity, sexual orientation, disability, marital status, and more. Employers can’t refuse to hire, demote, suspend, or terminate someone based on any of these protected characteristics. Compensation, promotions, and workplace conditions also must be free from discriminatory treatment.
Employers and employment agencies can’t base advertisements or decisions on these characteristics unless a bona fide occupational qualification (BFOQ) exists.
A BFOQ is a qualification reasonably necessary to the operation of a particular business. The law extends to job postings, interviews, and training opportunities and prohibits exclusionary or hostile public messages that suggest individuals are unwelcome based on protected traits.
Albany
Albany’s Anti-Discrimination Law (§ 48‑26) prohibits unfair treatment in employment based on traits such as age, race, sex, religion, disability, marital status, sexual orientation, gender identity, and natural hairstyle. It applies to hiring, firing, promotions, and training as well as job ads and interview questions. Employers, licensing agencies, and training programs must comply. Retaliation also is prohibited.
The law is enforced by Albany’s Office of Equal Opportunity,which offers complaint procedures and legal remedies, including compensatory damages and court action
Interplay between City Codes and Federal and State Laws
Federal and State laws take precedence over local laws if there’s a conflict. But any local laws that are either more restrictive or are equally as restrictive as New York State and federal laws must be followed by employers in the city in question. So what’s a statewide company, with locations in various cities, supposed to do?
Best Practices for Employers
First, these local laws are enforceable only against employers located in the city limits. So, for example, if an employer from Rochester hired an employee to perform remote work from Buffalo, the Rochester City Code would apply to that employer. Luckily, the city codes for most of the major cities in New York provide similar language in their human rights laws. It’s still important for employers to look into their own city’s laws to make sure they comply. As seen in this blog post, there are small differences, such as Albany prohibiting discrimination on account certain hair styles, while other cities do not have that same provision. Note that the New York Human Rights Law bans natural hair discrimination as well, so it’s wise always to be alert to Statewide dictates.
In general, there are few key things employers should keep in mind to stay compliant with local laws.
Employers operating in Albany, Rochester, Buffalo, Syracuse, and New York City should adopt consistent and proactive practices to ensure compliance with local anti-discrimination laws. While each city has its own human rights ordinance, the core obligations are aligned around fair and inclusive employment practices.
- Implement a Comprehensive Non-Discrimination Policy
- Explicitly prohibit discrimination and harassment on the basis of race, color, religion, creed, national origin, sex, gender identity or expression, sexual orientation, age, disability, marital or domestic partner status, source of income, and natural hairstyle, among others.
- Tailor your policy to include city-specific protected classes if those classes aren’t already address in New York or federal law.
- Regularly Train Managers and Employees
- Provide annual anti-discrimination and harassment training that incorporates local city laws, not just federal and state standards.
- Ensure managers know how to respond to complaints and what constitutes retaliation, which is prohibited under each city’s code.
- Audit and Standardize Hiring Practices
- Review job applications, interview questions, and job postings to eliminate biased language or illegal inquiries, for example, questions about marital status or gender identity.
- Avoid any implication of preferences that could violate city laws, unless a bona fide occupational qualification applies.
- Ensure Fair Access to Promotions, Training, and Compensation
- All employees should have equal access to training programs, apprenticeships, mentorship opportunities, and advancement, regardless of protected status.
- Regularly evaluate compensation and promotion patterns to identify potential disparities.
- Take Complaints Seriously and Document Thoroughly
- Establish clear internal procedures for reporting and investigating discrimination or harassment claims.
- Maintain documentation of all complaints, investigations, and resolutions in case of a local human rights office inquiry or one from the Division of Human Rights or the EEOC.
- Know Your Local Agency and Process
- Each city has a local human rights commission or enforcement office, for example, Albany’s Office of Equal Opportunity or NYC’s Commission on Human Rights.
- Be prepared to respond to complaints through administrative procedures and understand your obligations in conciliation, hearings, or settlements.
- Prohibit Retaliation
- Make it clear that retaliation is strictly prohibited against anyone who files a complaint, participates in an investigation, or opposes discriminatory practices, a consistent protection in all the cities’ laws.
- Stay Current on Local Legal Updates
- City laws evolve. For example, Albany recently added natural hairstyle as a protected class.
- Assign responsibility to HR or legal counsel to monitor local ordinances and adjust company policies accordingly.
If you have questions or concerns about how your policies and procedures measure up, reach out to us. We can help. Call us at 716.839.9700 or email info@coppolalegal.com.
