New York’s NYSHRL And Invisible Disabilities

I. What is the NYSHRL and Who Is Protected?

The New York State Human Rights Law (NYSHRL) offers one of the most comprehensive anti-discrimination frameworks in the country and applies to individuals living or working in New York. In some select circumstances, the NYSHRL may also protect nonresidents so long as they have proactively sought employment in New York State.

Protected classes under the law include age, race (including traits historically associated with race), color, national origin, religion or creed, sex, gender identity, sexual orientation, marital and partnership status, disability, predisposing genetic characteristics, arrest records and/or past criminal convictions, pregnancy, status as a victim of domestic violence, veteran or military status, and immigration or citizenship status.

These protections are vital for everyone, but especially for those whose challenges may not be immediately visible, such as individuals with chronic health conditions, mental health diagnoses, neurodivergence, or other invisible disabilities. These individuals often face unique barriers to access and inclusion, and the NYSHRL provides essential legal safeguards to ensure their rights are recognized and respected.

The New York State Human Rights Law (NYSHRL) makes it illegal for employers to discriminate in any aspect of employment—including hiring, firing, promotions, pay, benefits, and interviews. It also requires employers to provide reasonable accommodations to individuals in protected classes. This includes people with disabilities. Reasonable accommodations of disabilities can involve adjusting a work schedule, modifying job duties, or other changes that help someone perform their job—so long as these don’t cause an undue hardship for the employer.

The law also requires employers to engage in a good faith, interactive process to explore and assess accommodation requests. Importantly, the NYSHRL also protects employees from retaliation. Employers cannot punish or fire someone for speaking up about discrimination or taking part in an investigation or legal proceeding under the law. To bring a claim, the discrimination must be more than a petty slight or minor inconvenience.

The NYSHRL also prohibits discrimination in housing and public accommodations. This includes unfair treatment in renting, buying, or securing housing, and applies to advertisements, interviews, lease terms, financing, and more. Like in employment, housing providers must offer reasonable accommodations to individuals with disabilities, such as modifications to the living space or adjustments to lease terms, unless doing so would create an undue hardship. Moreover, the law also protects tenants and applicants from discrimination based on their lawful source of income which includes child support, alimony or spousal maintenance, foster care subsidies, Social Security benefits, public assistance (federal, state, or local), and housing assistance such as Section 8 or any other voucher program, regardless of whether the assistance is paid directly to the tenant or the landlord.

II. How New York’s Human Rights Law Goes Beyond Federal Protections.

At its core, the New York State Human Rights Law (NYSHRL) shares the same goal as federal civil rights laws: protecting individuals from discrimination. However, the NYSHRL provides broader protections. It applies to people who live or work in New York and is interpreted more liberally than federal laws like Title VII or the ADA. But unlike federal laws, which set minimum standards, the NYSHRL covers additional protected classes and allows claims based on discriminatory conduct that impacts someone in New York, even if it happened elsewhere.

III. The NYSHRL and Invisible Disabilities.

The New York State Human Rights Law is especially meaningful for those facing invisible struggles and disabilities – challenges that aren’t always noticeable to others but can deeply impact every aspect of a person’s life. Many people live with conditions that because these struggles aren’t outwardly visible, they are too often misunderstood, overlooked, or dismissed. People may be denied accommodations, support, or even basic compassion simply because they don’t “look” like they need help. But the absence of visible signs does not mean the absence of need. The NYSHRL recognizes that dignity, protection, and access to opportunity are not contingent on appearances. It affirms that every person, regardless of whether their challenges are seen or unseen, is valued, deserving of support, and entitled to live and work with fairness, respect, and inclusion.

IV. Know Your Rights: How to File a Discrimination Complaint in New York.

If you believe you’ve experienced discrimination in New York, whether at work, in housing, or elsewhere, you have legal rights and options. Here’s a quick overview of how to take action.

A. Statute of Limitations: Know Your Deadline

Filing on time is crucial. Missing the deadline may prevent your claim.

• Incidents on or after Feb. 15, 2024: 3 years to file
• Before Feb. 15, 2024: 1 year from the most recent act
• Workplace sexual harassment (after Aug. 12, 2020): 3 years

B. Filing Options: Complaint or Lawsuit

You must choose between filing with an agency or going to court—you can’t do both for the same issue.

• NYSDHR Complaint: Investigated by the state; may result in a public hearing
• Local Agency Complaint: File with a city or county human rights commission (e.g., NYCCHR)
• Lawsuit: File directly in court; once you do, you can’t file with the Division afterward

Discrimination complaints can be complex, but you don’t have to face it alone. We can guide you through your options and help you pursue the path that’s right for you.

Briana Louro is a second-year law student at New York Law School, with a strong passion for International and Domestic Corporate Law. She is a member of the Legal Association for Women and is also an advocate for raising awareness of bullying and autism.