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Under New York law, employers may not discriminate based on age, race, creed, color, national origin, sex, disability, genetic predisposition or carrier status, sexual orientation, or marital status. The protection for disabled persons does not mean an employer is prohibited from terminating or refusing to hire someone who is unable to do the job. It does, however, require that employers make reasonable accommodations for such persons. New York law does prohibit employers from implementing affirmative action programs designed to increase workplace diversity. Also, if the objective requirements of the job implicate a protected class, an employer is not liable simply for hiring the most qualified applicants. For example, if you have a disability which prevents you from doing your job, an employer may fire you, or refuse to hire you, if reasonable accommodations can't be made. Or, if an employer is seeking people to model men’s clothing, they are not breaking the law by hiring only men. In this case, women, by virtue of their sex, are not qualified to do the job. |
