The Westchester County Human Rights Law protects employees, interns and applicants from discrimination on the basis of 17 protected categories, including, but not limited to, actual or perceived race, ethnicity, national origin, citizenship status, religion, age and disability.
Employers cannot terminate employment based on a disability, race of national origin
It is illegal for an employer to terminate a person’s employment or take an adverse employment action against an employee because of the employee’s actual or perceived disability, race or national origin related to COVID-19. For example, an employer cannot terminate an employee of Chinese ancestry simply because the employer believes Chinese people are more likely to contract or spread COVID-19.
Requests for reasonable accommodations
Under the Westchester County Human Rights Law, individuals with disabilities are entitled to request reasonable accommodations from a covered employer, including for reasons related to COVID-19. Reasonable accommodations could include the introduction of protective equipment, modification of schedules, or allowance for work from home. Examples include:
- An employee in a retail environment may request a plexiglass barrier be installed between the employee and customers to limit potential exposure during the pandemic.
- A request by an employee to telecommute.
Employers must consider every request for a reasonable accommodation. Employers have a duty to engage in an interactive process with employees to determine if the requested accommodation would prove to be an undue hardship, or if an alternative accommodation can or should be granted.
The Commission enforces the County’s Human Rights Law. If you believe you have been discriminated against, contact the Commission by phone at (914) 995-9500 or by sending an e-mail . The Commission does not ask an individual’s immigration status.
Federal, state and local protections
Employees are also protected from discrimination by federal, state and local laws. Some of these protections and employer legal obligations are discussed below:
- General information about pandemic preparedness in the workplace under federal law
- General information about protections under New York State Human Rights Law.
To obtain specific legal advice, individuals can contact the Westchester County Bar Association’s Legal Referral Service by calling (914) 761-5151, the Legal Services of the Hudson Valley by calling (914) 949-1305 (Eligibility for LSHV’s services is income-based) or other counsel in the private practice community.