Skip to main content

    Employment Discrimination Resources

Employment Discrimination & Workplace Rights

Tyson Twins Foundation does not provide employment law representation directly. This page summarizes where to turn for free help with workplace discrimination and related issues, based on publicly available information from The Legal Aid Society.

How to Get Help

  • The Legal Aid Society’s Employment Law Unit assists workers with workplace discrimination, unpaid wages or overtime, labor trafficking, unemployment insurance, and family, medical, or sick leave. Call the Access to Benefits helpline at 888-663-6880, Monday–Friday, 10:00 AM–3:00 PM.
  • The Worker Justice Project combats discrimination faced by workers with arrest or conviction records living in New York City. If you were denied a job or license because of your record, email WorkerJustice@legal-aid.org or call the same helpline above.
  • For general legal guidance from our founder’s private legal practice, visit JJTP Law.

Topics People Commonly Need Help With

Below are common workplace topics people search for, with plain-English answers current as of 2026. This is general information, not legal advice for your specific situation — contact an employment attorney or the hotline above to discuss your case.

Federal, state, and New York City law prohibit workplace discrimination based on race, color, national origin, sex, religion, age (40+), disability, sexual orientation, gender identity, marital status, and several other protected categories, in hiring, firing, pay, promotion, and day-to-day treatment. NYC’s Human Rights Law is broader than federal law and covers more employers, including many small businesses. If you believe you’ve been discriminated against, document what happened (dates, witnesses, any written communications) as soon as possible, since claims have filing deadlines — as short as 180 days for some federal claims (300 days in NY) and up to 3 years under NYC Human Rights Law. You can file a complaint with the EEOC, the NY State Division of Human Rights, or the NYC Commission on Human Rights, or consult an employment attorney about a private lawsuit.
New York State and New York City law limit how employers can use criminal history in hiring and employment decisions. Under NYC’s Fair Chance Act, employers generally cannot ask about criminal history until after a conditional job offer is made, and even then can only deny or revoke the offer if there’s a direct relationship between the offense and the job, or an unreasonable risk to safety or property — using factors set out in NY Correction Law Article 23-A. Employers who run a background check must give the applicant a copy of the report and a written analysis, and a real opportunity to respond before any final decision. If you believe an employer denied you a job improperly because of a record, you can file a complaint with the NYC Commission on Human Rights or the NY State Division of Human Rights.
New York law requires most employees to be paid at least the state minimum wage and time-and-a-half for hours worked over 40 in a week (some exceptions apply for certain salaried, executive, and other exempt roles). Employers cannot make illegal deductions from paychecks, must pay wages on a regular schedule, and must pay all earned wages — including a final paycheck — even after termination. If your employer hasn’t paid you correctly, you generally have up to 6 years to file a wage claim in New York, either with the NY Department of Labor or in court, and you may be entitled to the unpaid wages plus liquidated damages equal to 100% of what’s owed, plus attorney’s fees in many cases.
Unemployment insurance provides temporary income to workers who lose their job through no fault of their own (layoffs, position eliminations) and who are able, available, and actively looking for work. In New York, you generally are not eligible if you quit voluntarily without good cause or were fired for serious misconduct, though the standards for what counts as ‘misconduct’ are narrower than many people assume. Apply as soon as you’re out of work through the NY Department of Labor, since benefits generally aren’t retroactive before your application date. If your claim is denied, you have the right to appeal, and getting help from a legal aid organization before or during an appeal hearing can significantly improve the odds of success.
New York provides several forms of job-protected leave. NY Paid Family Leave lets eligible employees take paid time off (up to 67% of their average weekly wage, capped at $1,228.53/week for 2026) to bond with a new child, care for a seriously ill family member, or assist when a family member is deployed abroad in the military. Separately, NY’s Paid Sick Leave Law requires most employers to provide paid or unpaid sick leave (the amount depends on employer size) that can be used for the employee’s own illness or a family member’s. Eligible employees at larger employers may also have unpaid, job-protected leave rights under the federal Family and Medical Leave Act (FMLA) for their own or a family member’s serious health condition.
New York law requires employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions — such as more frequent breaks, modified duties, or temporary reassignment — unless doing so would cause undue hardship. Employers cannot fire, demote, or otherwise retaliate against an employee for being pregnant or requesting an accommodation, and pregnancy-related leave is protected under several of the leave laws described above. If you believe you were treated unfairly because of pregnancy, you can file a complaint with the NYC Commission on Human Rights or the NY State Division of Human Rights, or speak with an employment attorney about your options.
Federal and state labor laws — minimum wage, overtime, workplace safety, and anti-discrimination protections — generally apply to all workers regardless of immigration status, and an employer generally cannot use immigration status to threaten or retaliate against a worker who raises a workplace complaint. If ICE agents come to a workplace, employees retain the right to remain silent and are not required to answer questions about their own or coworkers’ immigration status, and employers can decline to let ICE into non-public areas without a signed judicial warrant. See our Immigration Resources page for more on ICE workplace encounters.
Under New York law (Correction Law Article 23-A) and NYC’s Fair Chance Act, an employer that wants to consider a criminal record must weigh specific factors — including how long ago the offense occurred, its relevance to the job, and evidence of rehabilitation — rather than issuing a blanket denial. Employers using a background check company must comply with the federal Fair Credit Reporting Act, which requires disclosure, your written consent, and a chance to dispute inaccurate information before an adverse decision is finalized. If a background check contains errors, you have the right to dispute them directly with the reporting agency.
Home health aides, certified nurse aides, and similar healthcare workers in New York are subject to additional state-mandated background check requirements, including fingerprinting and a check of the state’s nurse aide and home care registries, on top of the general criminal background check rules described above. Certain convictions can disqualify someone from these specific roles even where they wouldn’t in other jobs, though many disqualifications can be waived after a set period or with a Certificate of Relief from Disabilities. If you’re applying for or currently work in a healthcare aide role and have questions about how a record might affect your eligibility, a legal aid organization or workforce reentry program can help you understand your specific situation.
New York offers two certificates that can help people with criminal records access employment and licensing: a Certificate of Relief from Disabilities (for people with one felony or multiple misdemeanor convictions) and a Certificate of Good Conduct (for people with multiple felony convictions, available after a waiting period). Both certificates create a presumption of rehabilitation that employers and licensing boards must consider, and can remove certain automatic bars tied to a conviction. You can apply through the sentencing court, the NY Department of Corrections and Community Supervision, or the NY State Board of Parole depending on your case — a reentry or legal aid organization can help identify the right path and prepare the application.

See our full pro bono referral directory or read our disclaimer.