Employment discrimination law is spread out across a variety of federal, state, and local statutes. Often these statutes overlap, but whether and to what extent a particular statute applies to a given set of facts must be carefully considered and analyzed. These statutes often vary in terms of, e.g., geographical application, covered employers, types of discrimination prohibited, and remedies.
Below is a summary (not a complete listing or explanation) of the various statutes that may apply to workers in New York City:
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.: This statute is a significant source of federal anti-discrimination law. It prohibits discrimination on the basis of race, color, sex (including pregnancy), national origin, and religion. Title VII applies to employers who have 15 or more employees.
Age Discrimination in Employment Act of 1967: The ADEA prohibits discrimination against individuals (age 40 and older) because of their age. The ADEA applies to employers who have 20 or more employees.
Americans with Disabilities Act of 1990 (Title I): Title I of the ADA prohibits discrimination against “qualified individuals” with a “disability.” The ADA applies to employers who have 15 or more employees.
[In order to pursue a Title VII, ADEA, or ADA claim in federal court, a plaintiff must first exhaust their administrative remedies by submitting a Charge of Discrimination to the U.S. Equal Employment Opportunity Commission.]
Equal Pay Act of 1963: The EPA – which is part of the Fair Labor Standards Act (FLSA) – prohibits employers from discriminating against employees on the basis of sex “for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions”, subject to certain exceptions.