Employees are protected under federal and state laws against termination on the basis of gender, race, national origin, and disability. Under federal statutes, the company must employ more than 15 employees, and under New York statutes, more than three. New York additionally protects against discrimination on the basis of marital status, sexual orientation, having AIDS or HIV, political activities, and arrests.

Discrimination on the basis of age is unlawful under federal law (Age Discrimination in Employment Act of 1967) in companies with 20 or more employees. Employers cannot fire employees 40 or older that were meeting expectations. The law does not cover executives over 65 with pensions worth more that $44,000 a year or jobs with a mandatory age limit such as pilot or air traffic controller.