Those efforts are undercut when employers discriminate against workers or applicants because of their race, gender, or other attributes irrelevant to the job. Employers, employees, or agents cannot discriminate against a worker or job applicant.It is the policy of the New York. State Unified Court System (UCS) to ensure equal employment opportunity without regard to race, color, national origin,. Race discrimination happens when an employer makes employment decisions based on your race instead of your skills or how well you do your job. Unwelcome conduct that is based on race, color, religion, sex, national origin, age, disability or genetic information. City of New York, 804 F.3d. In 2018, the state expanded the application of its sexual harassment laws to nonemployees in the workplace. Conduct that may constitute harassment is described in the Definitions section. Sex discrimination includes sexual harassment and sexual violence.