Protected-Class Reference Sheet — By-the-Book Workplace Investigations

The measuring stick your policy is built against. Confirm every class below appears in your nondiscrimination policy — standalone or inside the handbook.

Your policy is your law.

The paramount question tests conduct against your policy. If a class is not named in the policy, triage can't catch it. The law is the floor — the least you must cover. You can always protect more.

How to use it: Tick each class your policy already names. Tiers 1 + 2 together are the minimum for a New York headquarters. Add a tier for every state and locality you operate in, then confirm with legal.

Tier 1 — Federal floor
Required everywhere you operate Fixed baseline

RaceTitle VII ColorTitle VII ReligionTitle VII National originTitle VII Sex / genderTitle VII · incl. pregnancy (PDA/PWFA), sexual orientation & gender identity (Bostock) Age (40 and over)ADEA DisabilityADA Genetic informationGINA Veteran / military statusUSERRA · VEVRAA

Tier 2 — New York State
Added above the federal floor NYSHRL · Exec. Law §296

CreedBroader than federal "religion" Sexual orientationNYSHRL Gender identity or expressionNYSHRL Citizenship / immigration statusNYSHRL Marital statusNYSHRL Familial statusNYSHRL Military status (state)NYSHRL Domestic violence victim statusNYSHRL Predisposing genetic characteristicsNYSHRL · state analog to GINA

Tiers 1 + 2 combined = the full protected-class set for a New York headquarters.

2026 compliance note for legal: New York now recognizes disparate-impact liability under the NYSHRL (conduct on/after Dec 19, 2025) — a neutral policy can create exposure without intent. Retaliation for requesting a reasonable accommodation is also expressly unlawful (Dec 5, 2025).

Tier 3 — New York City (local)
Confirm applicability with legal NYC Human Rights Law

Height and weightNYCHRL Unemployment statusNYCHRL Arrest or conviction recordNYC Fair Chance Act Sexual & reproductive health decisionsNYCHRL Caregiver statusNYCHRL Credit historyNYC Stop Credit Discrimination Act

State law usually covers localities, but NYC reaches further. Hand this tier to legal to confirm what applies and whether the list is current.

Tier 5 — Discretionary protectionsYour choice, above the floor

Protections you can extend company-wide — above any single location's floor. Adopting the highest standard across every site keeps one consistent policy instead of fifty.

Political affiliation Lawful off-duty conduct Caregiver / family responsibilities Weight or physical appearance Socioeconomic background Justice-involved statusBeyond the legal fair-chance minimum

Add your own:

Reference tool, not legal advice. Local ordinances change often — validate the applicable list with in-house or outside counsel before relying on it.