By Joan Farrell, JD
On January 1, 2016, a new law in New York made “familial status” a protected characteristic under the state’s fair employment law. With the new law, New York joins several other states (including Alaska, Oregon, Minnesota, Pennsylvania, and the District of Columbia) that expressly prohibit an employer from discriminating against an applicant or employee because of familial status—or, in some jurisdictions—family responsibilities.
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Generally, the laws prohibit discrimination against an individual because he or she is a parent of a dependent child, has legal custody of a child, or contributes to the support of a person in a dependent relationship. Although familial status discrimination is most often thought of in terms of housing discrimination claims brought by tenants or prospective tenants, it has been making inroads in the employment setting.