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Domestic workers in New York – nannies, housekeepers, elder caregivers – are protected from sexual harassment and discrimination under the state and city Human Rights Laws. An employer can also be responsible for allowing family or household members to harass a domestic worker, and retaliation for complaining is illegal.
Every morning, hundreds of Polish caregivers and housekeepers head out from Greenpoint, Ridgewood and Maspeth. They work in apartments on the Upper East Side and in houses in Forest Hills, Bayside and on Long Island. They work in someone else’s home, usually alone, with no manager, no HR department and no coworkers to confide in.
That is exactly why harassment in this kind of job can be so hard to report. The harasser may be the employer, but also an adult son, the employer’s husband or the person being cared for. Many women stay silent because they fear losing the job or believe a private home “isn’t a company.” This guide explains which laws protect domestic workers in New York, who can be held responsible and how to get ready to act.
Who counts as a domestic worker under the law
According to the New York State Department of Labor, a domestic worker is someone employed in a home or residence to care for a child, serve as a companion to a sick, convalescing or elderly person, keep house or perform other household services. Casual or occasional work and work for relatives are excluded. The protections apply even if you are the only worker in the household.
New York City law covers nannies, home care workers, housecleaners and others employed in a home to care for children or older adults or to do housework – most full-time and part-time workers. Occasional workers, relatives of the employer or the person receiving care, and companions who are also employed by an outside agency are excluded.
Many Polish caregivers and housekeepers work without a written contract, for pay agreed on verbally and handed over every week. Under the definitions, what matters most is the nature and regularity of the work. The lack of a written contract isn’t listed as an exclusion, though it can make employment harder to document later.
Since 2010, domestic workers in New York State have also been covered by the Domestic Workers’ Bill of Rights, which deals mainly with pay and rest time. This guide focuses on something else: harassment and discrimination in a workplace that happens to be someone’s home.
Harassment by the employer or a family member: what the law says
The New York State Human Rights Law prohibits sexual harassment of domestic workers. According to the Department of Labor, that means unwelcome sexual conduct – advances, requests for sexual favors, other verbal or physical conduct – when going along with it becomes a condition of the job, when it affects decisions about hours or pay, or when it creates an intimidating, hostile or offensive environment. Harassment based on gender, race, religion or national origin is also prohibited.
Examples the Department of Labor gives include pressure to engage in unwelcome sexual activity, unnecessary or inappropriate touching, sexual assault, a pattern of sexual comments or questions, and displaying lewd photos or drawings. Since the end of 2021, domestic workers have also been included in the state law’s definition of “employee,” giving them the protections other employees have.
In New York City, since March 12, 2022, anyone who employs or places even one domestic worker has obligations under the city Human Rights Law. According to the NYC Commission on Human Rights, an employer breaks the law not only by harassing a worker directly, but also by allowing family members or others in the household to sexually harass a domestic worker. That matters, because in practice the harasser often isn’t the person who signs the paycheck.
Call and talk it through in Polish: 718-383-0100
Agencies, live-in jobs and no witnesses
Many caregivers find work through an agency. According to the NYC Commission on Human Rights, an employment agency can violate the law if it fails to take steps to protect workers from harassment it knows about. Reporting the problem to the agency – ideally in writing – therefore matters for the agency’s responsibility as well.
Live-in workers, for whom the employer’s home is also where they sleep, face an especially hard situation. When safety is at risk, safety comes first – in an emergency, call 911. The legal side can be sorted out later, away from the harasser.
No witnesses doesn’t mean no case. Texts, messaging apps, emails, notes kept as things happen with dates and times, and who you told and when – a friend, family, a doctor – all count. Get legal advice before recording conversations in someone else’s home. The city’s rules for domestic workers are summarized in the NYC Commission on Human Rights fact sheet.
Retaliation and where to file
Both state and city law prohibit retaliation for objecting to harassment, reporting it or filing a complaint. Being let go overnight, having hours cut, pay withheld or threats made against a caregiver who said “no” can be violations in their own right.
A complaint can be filed with the New York State Division of Human Rights; for discrimination and harassment that occurred on or after February 15, 2024, the deadline is three years from the most recent incident. With the NYC Commission on Human Rights, the deadline for gender-based harassment is also three years. Going to court is another option.
Which route makes sense depends on the circumstances: who the harasser was, whether you still work in that home, whether an agency was involved and what evidence exists. It is best to talk it over before the first filing, because the choice shapes how the case proceeds. For many people it also matters to tell such a difficult story for the first time in their own language, without an interpreter and without being rushed.
How to prepare for your first conversation with The Stein Law Group
- A log of incidents. Dates, times, where in the home, who was present and exactly what was said or done. Notes kept as things happen are more credible than memories months later.
- Messages and photos. Screenshots of texts, app messages and emails from the employer or family members, with the sender’s number and the date visible.
- Employer and agency details. The employer’s name, the home address, the agency’s name and contact person, and any contract or work arrangement.
- People you confided in. Names and numbers of friends, family or a doctor you told about what happened, with approximate dates.
- Proof of employment and retaliation. Payment records, schedules, and messages about cut hours or a firing after you refused or complained.
The Stein Law Group, with offices in Greenpoint and Maspeth, handles workplace harassment cases, including in domestic work – practice areas and contact details in the Polish Pages directory. The conversation is confidential.
Mistakes that make a case harder
The first mistake is believing harassment laws don’t reach a private home. They do – under both state and city law. The second is deleting messages from the harasser out of embarrassment or because they asked. Those messages can be the most important evidence.
The third mistake is leaving the job without writing down what happened and without keeping proof of pay. The fourth is waiting in the hope that things will get better on their own. Deadlines keep running, and memories of the details fade.
Frequently asked questions
Is my employer responsible if her son or husband harasses me?
They can be. According to the NYC Commission on Human Rights, an employer breaks the law by allowing family or household members to harass a domestic worker.
Am I protected if I’m the only worker in the house?
Yes. State protections cover domestic workers even when they are the only employee, and city law applies to anyone employing even one domestic worker.
Can the agency that placed me be responsible?
In New York City, an agency can violate the law if it knows about harassment and fails to take steps to protect the worker.
How long do I have to file?
With the State Division of Human Rights, three years from the most recent incident (for incidents on or after February 15, 2024). With the city Commission, three years for gender-based harassment.
Working in someone’s home rests on trust, and abusing that trust hurts in a particular way. New York law does not treat a private home as a place where a worker’s protections stop.
Your first conversation with the firm’s team is always in Polish, and the consultation is free. Attorney Adam J. Stein, Esq. will listen to what happened and assess which steps may be available in your situation.
Schedule a confidential conversation with Attorney Adam J. Stein’s office: 718-383-0100
This article is for general information only and is not legal advice; reading it does not create an attorney–client relationship. Every case requires an individual assessment – please contact The Stein Law Group, PLLC about your situation. Attorney Advertising. Prior results do not guarantee a similar outcome.
