Cal. Civ. Code § 296-D
Unlawful discriminatory practices relating to non-employees
Operative Text
§ 296-d. Unlawful discriminatory practices relating to non-employees. It shall be an unlawful discriminatory practice for an employer to permit unlawful discrimination against non-employees in its workplace. An employer may be held liable to a non-employee who is a contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace or who is an employee of such contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace, with respect to an unlawful discriminatory practice, when the employer, its agents or supervisors knew or should have known that such non-employee was subjected to an unlawful discriminatory practice in the employer's workplace, and the employer failed to take immediate and appropriate corrective action. In reviewing such cases involving non-employees, the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of the person who engaged in the unlawful discriminatory practice shall be considered.
New York Executive Law § 296-D extends workplace anti-discrimination protections beyond a company's own employees to cover contractors, subcontractors, vendors, consultants, and their workers who perform services on the employer's premises. Under this provision, an employer can be held responsible for unlawful discrimination directed at these non-employees if the employer—or its agents or supervisors—knew or should have known about the discriminatory conduct and failed to take prompt, appropriate corrective action. When evaluating such cases, the degree of control the employer had over the person who engaged in the discriminatory conduct is a relevant factor in determining liability.
Plain English — not legal advice.
Property owners and managers who engage contractors, vendors, or other service providers on-site should be aware that § 296-D can apply to workplace settings they control, including rental properties where outside workers perform services. Operators who maintain compliant workplaces generally establish clear anti-discrimination policies that extend to non-employees, train supervisors to recognize and respond to discriminatory conduct, and act promptly when a complaint or incident involving a contractor or vendor is reported. Documenting both the notice of any alleged conduct and the corrective steps taken is a practice commonly associated with demonstrating responsiveness under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While § 296-D primarily addresses employer obligations toward non-employees in a workplace, tenants who work as contractors, vendors, or service providers in a building or property setting may have protections under this provision if they experience unlawful discrimination there. Individuals who believe they have been subjected to such treatment can explore options such as filing a complaint with the New York State Division of Human Rights, raising the provision in a civil proceeding, or reaching out to a tenant-rights or worker-rights organization for general information. Understanding the scope of an employer's control over the premises—a factor explicitly considered under § 296-D—can be relevant when evaluating what remedies may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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