Laws that Protect Employees
If you are a crime victim, you have these protections in the workplace:
Time off to go to court
In New York State, it is against the law for your employer to fire you or punish you for missing work to go to court if:
- A prosecutor asks to meet with you
- You are testifying at the trial
- You want to tell the court how the crime impacted you
- You got a subpoena (a written order) to go to court
- You are a witness in a court case
- You want an Order of Protection from Family Court.
You must tell your employer the day before you miss work. You may also have to show proof you were in court. You have the right to ask the police or prosecutor to help you tell your employer that you need to miss work.
If your employer does not follow this law, it is a crime.
Note: Your employer does not have to pay you when you miss work to go to court.
Reasonable Accommodations
You may have a disability because of the crime. Disabilities are long-lasting physical or mental injuries, such as depression or post-traumatic stress disorder.
If you have a disability, you have a right to ask your employer for “reasonable accommodations” under both New York State and federal laws.
What is a reasonable accommodation?
A reasonable accommodation is a change in the workplace, policies, or procedures. The change lets you:
- Do your job more easily
- Apply for a job
- Enjoy the same job opportunities as other employees
Examples include:
- Changing your work schedule
- Adjusting how a job is done
- Getting more unpaid time off for medical treatment.
You have a right to ask for accommodations, but they must be reasonable. Your employer does not have to make a change that would be too hard or expensive. That’s called “undue hardship.”
For example, if changing your schedule or giving you time off means other employees can’t do their jobs, this would be an undue hardship for your employer.
Your employer must work with you to see if a different accommodation can help.
Note: Companies that have few employees may not have to provide reasonable accommodations.
It is important to know that you cannot ask to remove an “essential function” of your job.
Examples of essential functions include:
- Collecting money (cashier),
- Talking to callers (call center representative)
- Driving with passengers sitting behind you (taxi driver).
To find more information about disability rights visit the:
Protection against Employment Discrimination
It is against the law for an employer to discriminate against an employee. This means, an employer cannot:
- Hire (or refuse to hire)
- Fire
- Fail to promote
- Pay Less, or
- Treat an employee or job applicant differently
because of their:
- Race
- Country of birth
- Gender identity or expression
- Sex
- Religion
- Disability
- Age
- Citizenship status
- Sexual orientation
- Domestic violence victim status
- Other protected categories.
In NYS, victims of domestic violence have special protections from employment discrimination. Please go to the Employment Protections for Domestic Violence Victims page on this site to
What can I do if I experience discrimination at work?
If you think you have been discriminated against, you can file a discrimination claim with the:
There are deadlines to file a discrimination claim. You can check these websites to find out about the deadlines.