New York State Human Rights Law (Executive Law Article 15)

Plain English Summary

New York has two powerful disability discrimination laws that play a significant role in web accessibility enforcement: the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). Together, they make New York the second most active state (after California) for web accessibility lawsuits.

The State Human Rights Law, one of the oldest civil rights statutes in the nation (enacted in 1945), prohibits discrimination in places of public accommodation on the basis of disability, among other protected characteristics. It provides compensatory damages, something not available under federal ADA Title III in private lawsuits.

The New York City Human Rights Law goes further. It is interpreted by the courts under a "uniquely broad and remedial" standard, meaning it is designed to provide maximum protection against discrimination. The NYCHRL allows compensatory damages, punitive damages, and civil penalties up to $250,000 for willful violations. This combination of broad coverage and significant damages makes New York a high-stakes jurisdiction for web accessibility.

Who This Applies To

New York State Human Rights Law

Covered Entities:

• All places of public accommodation in New York State
• Employers with four or more employees (for employment discrimination)
• Housing providers
• Educational institutions
• Credit and lending institutions

Definition of Public Accommodation: The NYSHRL uses a broad definition of places of public accommodation that includes:

• Hotels, restaurants, and retail stores
• Theaters, concert halls, and entertainment venues
• Transportation services
• Healthcare providers
• Professional services
• Educational institutions
• Recreational facilities
• Any place that offers goods, services, or facilities to the general public

New York City Human Rights Law

Covered Entities:

• All places of public accommodation within New York City's five boroughs
• Employers with four or more employees in NYC (one or more for certain claims)
• Housing providers in NYC
• Additional coverage that may not exist under state or federal law

Unique Breadth: The NYCHRL is interpreted more broadly than both the NYSHRL and the federal ADA. Courts apply the "NYC Restoration Act" standard, which requires the most liberal construction possible in favor of discrimination plaintiffs.

Digital Applicability

Both laws apply to digital content:

• Websites of businesses that operate in New York or serve New York customers
• Online services and e-commerce platforms
• Mobile applications
• Digital communications and content

Key Requirements

Nondiscrimination in Public Accommodations

Both laws prohibit discrimination in the full and equal enjoyment of goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation.

Reasonable Accommodation

Both laws require reasonable accommodations for people with disabilities in:

• Employment settings
• Places of public accommodation
• Housing
• Educational programs

Website Accessibility

New York courts have held that websites of businesses operating as places of public accommodation must be accessible to people with disabilities:

• Websites must be compatible with assistive technologies
• Online services must provide equal access to people with disabilities
• WCAG 2.1 Level AA is the commonly referenced standard in New York web accessibility cases
• Both brick-and-mortar businesses with websites and online-only businesses have been found to be covered

Construction-Related Access

New York has its own building code accessibility requirements that may exceed ADA standards in certain areas, including requirements for:

• Accessible entrances and routes
• Accessible restrooms
• Signage and wayfinding
• Emergency egress

Enforcement and Penalties

New York State Human Rights Law Enforcement

Administrative Process:

• Complaints can be filed with the New York State Division of Human Rights (DHR)
• DHR investigates complaints, holds hearings, and issues orders
• Filing deadline: one year from the date of the discriminatory act (three years for employment claims)

Court Actions:

• Individuals can file lawsuits directly in state court
• Three-year statute of limitations for court actions
• Available remedies include:
  • Compensatory damages (including emotional distress)
  • Attorneys' fees
  • Injunctive relief
  • Civil penalties

New York City Human Rights Law Enforcement

Administrative Process:

• Complaints can be filed with the NYC Commission on Human Rights
• The Commission investigates and may refer cases for administrative prosecution
• Filing deadline: one year (administrative) or three years (court action)

Court Actions:

• Available remedies include:
  • Compensatory damages
  • Punitive damages (not available under the state law or federal ADA Title III)
  • Civil penalties up to $125,000, or up to $250,000 for willful violations
  • Attorneys' fees
  • Injunctive relief

Web Accessibility Litigation Trends

• New York is second only to California in the volume of web accessibility lawsuits
• The Southern District of New York (Manhattan) is one of the most active federal districts for ADA web accessibility cases
• Many cases are filed under both federal (ADA Title III) and state or city law to access the broader remedies
• Serial plaintiffs are active in New York, though courts have begun scrutinizing standing requirements more carefully

Practical Implications

For Businesses Operating in New York

• The damages exposure is significant. Unlike federal ADA Title III (which limits private plaintiffs to injunctive relief), New York laws provide compensatory damages and, under the NYCHRL, punitive damages and substantial civil penalties.
• Both state and city law may apply. If you operate in New York City, you face exposure under the NYCHRL, the NYSHRL, and the federal ADA simultaneously.
• E-commerce businesses take note. New York courts have applied these laws to out-of-state businesses that serve New York customers online. Geographic presence in New York is not always required.
• Adopt WCAG 2.1 AA as your standard. This is the benchmark consistently referenced in New York accessibility cases.
• Monitor litigation trends. New York courts have been active in developing the law around web accessibility, standing, and the scope of covered entities.

For Businesses Nationwide

• If you have New York customers, these laws may apply. The jurisdictional reach of New York's laws, particularly for online businesses, means that national e-commerce companies should account for New York exposure.
• New York and California together drive national accessibility standards. The practical effect of these two states' laws is that businesses often find it more efficient to make their websites universally accessible rather than trying to limit exposure by jurisdiction.

For Employees in New York

• Employment protections are strong. Both laws cover employers with as few as four employees (and the NYCHRL covers employers with one or more employees for certain claims).
• Reasonable accommodation is required for employees with disabilities in the workplace, including for digital tools and technology used on the job.

For People with Disabilities

• New York provides strong remedies. The availability of compensatory and punitive damages means that accessibility violations have meaningful financial consequences for businesses.
• You can file with an agency or go to court. The DHR and NYC Commission on Human Rights offer administrative processes that do not require hiring an attorney, though consulting one is advisable given the complexity of these cases.
• Document barriers carefully. Specific evidence of how a website or service was inaccessible to you is important for both administrative complaints and lawsuits.

Key Dates and Deadlines

| Date | Event | |------|-------| | July 1, 1945 | New York State Human Rights Law enacted (originally the Law Against Discrimination) | | 1991 | New York City Human Rights Law amended to expand protections | | 2005 | NYC Local Law 85 (Restoration Act) enacted, requiring the broadest possible interpretation of the NYCHRL | | 2016 | Significant increase in web accessibility lawsuits filed in New York | | Ongoing | New York courts continue to develop case law on web accessibility and standing |

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This content is provided for educational and informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney. Laws and regulations are subject to change, and this information may not reflect the most current legal developments.