Updates to the Westchester County Human Rights Law and Fair Housing Law

The County’s Human Rights Law and Fair Housing Law were amended effective June 6, 2023. The amendments, among other things, (i) add existing protections under federal and state law and (ii) also clarify and make the Human Rights Law and Fair Housing Law consistent.

Legislative changes include:

  1. Employers of all sizes are covered under the County’s Human Rights Law.
  2. All employees working in Westchester County are protected by the Human Rights Law including domestic workers and interns. Notwithstanding, employees of the County of Westchester are excluded under the employment provisions of the Human Rights Law.
  3. Discrimination is prohibited against independent contractors, subcontractors, vendors, consultants or other persons providing services pursuant to a contract in the workplace or who are an employee of such contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace.
  4. Discrimination is prohibited based on military status.
  5. Discrimination is prohibited based on an individual’s relationship or association with another person based on that person’s group identity.
  6. The definition of “race” is amended to include anti-discrimination protections for hair texture and protective hairstyles (e.g., braids, locks and twists).
  7. The term “pregnancy-related condition” is defined as “a medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, including but not limited to lactation.” Pregnancy related conditions shall be treated as temporary disabilities.
  8. Harassment is prohibited based on any protected category and harassment means inferior terms and conditions, privileges based on actual or perceived group identity. The definition of harassment contained in the NYS Human Rights Law was incorporated.
  9. The deadline to file an administrative complaint with the Commission alleging sexual harassment in the workplace is extended from one year to three years for allegations that accrue after June 6, 2023.
  10. Under the Human Rights Law, aggrieved individuals may file a lawsuit in a court of competent jurisdiction based on allegations that accrue after June 6, 2023.
  11. The term “sexual orientation” is defined as “an individual’s actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender.”
  12. The term “source of income” in the Fair Housing Law is amended to, among other things, include “child support, alimony, foster claim subsidies, income derived from social security or any form of federal, state or local public assistance or housing assistance, including a Housing Choice Voucher (colloquially referred to as “Section 8”).”
  13. Discrimination based on source of income is treated similarly to other protected categories under the Fair Housing Law and is subject to the same exemptions.
  14. Similar to State law, the owner-occupied exemption is limited to premises with not more than two families living independently of each other, so long as the owner actually resides in one such housing accommodation.
  15. The provisions of the Human Rights Law and Fair Housing Law are to be construed liberally.
  16. Certain provisions of the Human Rights Law and Fair Housing Law were harmonized, including damages.

The amendments can be found here:
The Human Rights Law can be found here
The Fair Housing Law can be found here