COVID-19 and Your Rights

The Westchester County Human Rights Commission is operating and continuing to accept new complaints by e-mail at , fax at (914) 995-7720, mail and hand delivery. The Commission is continuing to conduct investigations. All hearings dates and mediations sessions have been temporarily postponed. Call our office at (914) 995-9500 if you have any questions or concerns. The Commission does not ask an individual’s immigration status.

In the wake of COVID-19, over 10,000 acts of hate, bias, and discrimination against people based on actual or perceived race, national origin, religion, age, disability or a perception about exposure to COVID-19 have been reported nationwide.

Threats and harassment based on a person’s protected class may constitute a hate crime. If you believe your safety is at risk, you should call 911 or contact your local law enforcement agency immediately. You may also contact the Westchester County District Attorney’s Office Bias and Hate Crimes hotline at (914) 995-TIPS.

As of Dec. 7, 2021, the Westchester County Human Rights Law prohibits acts of Discriminatory Harassment. If you have been injured, harmed, or your property has been damaged due to your actual or perceived group identity, contact the Human Rights Commission to discuss your options. Read more about Discriminatory Harassment.

For Information on the coronavirus (COVID-19)

Read the Frequently Asked Questions for workers regarding paid sick leave for COVID-19 related issues.
Call the New York State Department of Health at (888) 364-3065.
Go to the Westchester County Department of Health COVID-19 Updates.

Viruses don’t discriminate and neither should we.
If you've been subject to discrimination, bias, or hate contact the Westchester County Human Rights Commission. You may report by:

E-mail:
Phone: (914) 995-9500

Know your rights.

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Understanding Your Rights During the Pandemic

Discrimination and Hate Relating to the Coronavirus (COVID-19)

Westchester County’s Human Rights Law and Fair Housing Law are designed to protect Westchester County residents, employees, and visitors from discrimination in employment, housing, public accommodation and credit lending county-wide. Below is some general guidance to individuals impacted by COVID-19, also known as coronavirus.

To obtain specific legal advice, individuals can contact the Westchester County Bar Association’s Legal Referral Service at (914) 761-5151, Legal Services of the Hudson Valley at (914) 949-1305 (please note that eligibility for LSHV’s services is income-based) or other counsel in the private practice community.

Employment Discrimination is Prohibited

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.

Use of Earned Sick Leave

In April 2019, Westchester County enacted the Earned Sick Leave Law (“ESLL”). Under the ESLL, eligible covered employees are entitled to earn sick leave at the rate of one hour of leave for every thirty hours worked. Read the Frequently Asked Questions.

Below is an additional question and answer as it regards to the ESLL and specifically pertains to COVID-19:

Q: I am not sick but my child’s school has been closed. Can I use earned sick leave under the ESLL?
A: Yes. Provided you are a covered employee under the ESLL, you can use accrued leave to care for your child when their day-care, elementary or secondary school is closed due to a public health emergency. Governor Cuomo has announced a public health emergency in New York State. Individuals can file a complaint under the ESLL with the Westchester County Department of Consumer Protection. You may also opt to send an e-mail to .

It is important to note that the Federal government and New York State recently enacted legislation regarding sick leave connected to COVID-19. Review the information carefully:

New York State
Some employers in New York State are now required to provide at least five days of job protected, paid sick leave to employees who need to take leave because they or their minor dependent child are under a mandatory or precautionary order of quarantine or isolation due to COVID-19. The amount of paid sick leave an employer is required to provide depends on the number of employees they have and the employer’s net annual income.

Frequently Asked Questions are outlined on New York State Paid Family Leave Law.

Individuals may also call the Paid Family Leave Helpline at (844) 337-6303 from 8:30 a.m. to 4:30 p.m. on weekdays.

Federal
The Families First Coronavirus Response Act (FFCRA) requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The United States Department of Labor’s Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. These provisions will apply from the effective date in April 2020 through December 31, 2020. The Families First Coronavirus Response Act details the Employer Paid Leave Requirements.

Leave under the Federal Family and Medical Leave Act
Eligible covered employees may take job-protected leave under the Family and Medical Leave Act (FMLA) for certain family and medical reasons which could include COVID-19 issues. The United States Department of Labor has jurisdiction over matters involving the FMLA. Its office recently issued Frequently Asked Questions on FMLA and the pandemic.

New York State Unemployment Insurance

Individuals who have had their employment terminated can contact the New York State Department of Labor to make an application for unemployment insurance benefits. The NYS Department of Labor has issued Frequently Asked Questions on Pandemic Unemployment Assistance.

Additional information can be found on the New York State Department of Labor.

The Safe Time Leave Law

In October 2019, Westchester County enacted the Safe Time Leave Law (“STLL”) guaranteeing covered employees 40 hours of paid leave to attend or testify in a criminal or civil proceeding related to domestic violence or human trafficking, and/or to move to a safe location.

Covered employees are entitled to take time off for these limited purposes for full-days or in increments.
No accrual period is required.
Covered employees are entitled to use safe time leave from the commencement of their employment. Refer to the Frequently Asked Questions.

Individuals can file a complaint under the STLL with the Westchester County Department of Consumer Protection. Individuals can file a complaint with the Westchester County Department of Consumer Protection. You may also opt to send an e-mail to .

Discrimination in Public Accommodations is Prohibited

The Westchester County Human Rights Law protects against discrimination in the provision of services and access to places of public accommodations such as retail stores, restaurants, hotels, and transportation services.

Denying entry or access to goods or services based on a perception that a person’s national origin, race, religion or disability indicates possible exposure to the COVID-19 is illegal.

For example, a restaurant cannot refuse to serve a person because they appear to be Asian or Jewish, based on an assumption that Asians or Jewish people have a greater likelihood for exposure to the coronavirus.

Housing Discrimination is Prohibited

The Westchester County Fair Housing Law prohibits discrimination in housing 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.

Individuals diagnosed with COVID-19 or perceived to be suffering from it cannot be discriminated against based on their actual or perceived disability.
Further, the media is reporting instances where individuals with certain ethnicities and essential workers (including healthcare workers) have been denied access to housing due to the perception that they have coronavirus.
Your landlord/board of directors cannot evict you, ask you to leave your apartment or offer you different access to building services because of fears and stigma around COVID-19, including discrimination or harassment on the basis of actual or perceived race, national origin, ethnicity, citizenship status, disability, or other protected class.
Additionally, if you are sick and need an accommodation in your home, you may request a reasonable accommodation from your landlord/board of directors. Similar to requesting an accommodation from your employer, your landlord/board has a duty to engage in an interactive dialogue with you, and must provide you with the accommodation if it is reasonable under the circumstances to do so. If it is not, your landlord/board of directors may be responsible for offering you an alternative accommodation that it will meet your needs.

The Commission enforces the County’s Fair Housing Law. If you believe you have been discriminated against, call the Commission at (914) 995-9500 or send an e-mail to . The Commission does not ask an individual’s immigration status.

Stay on Evictions
Effective March 20, 2020, New York State announced a 90-day moratorium suspending evictions as long as the emergency declaration is in effect. During this time, sheriffs or other officers cannot enforce evictions and remove renters from their homes.

Resources

Westchester Residential Opportunities, Inc.
470 Mamaroneck Avenue
Suite 410
White Plains, NY 10605
Phone: (914) 428-4507
Website: www.wroinc.org

Legal Services of the Hudson Valley
90 Maple Avenue
White Plains, New York 10601
Phone: (914) 949-1305
Website: www.lshv.org

Mount Vernon United Tenants
2 Gramatan Avenue, Room 312
Mount Vernon, NY 10550
Phone: (914) 699-7449
Website: www.mvut.org

Westchester Disabled on the Move
984 North Broadway, Suite LL-10
Yonkers, NY 10701
Phone: (914) 968-4717
Website: www.wdom.org

Westchester Independent Living Center
10 County Center Road
White Plains, NY 10607
Phone: (914) 682-3926