The Commission’s Law Enforcement Bureau (LEB) enforces the NYC Human Rights Law. LEB is responsible for the intake, investigation, and prosecution of complaints alleging violations of the Law.

The number of new cases the Commission filed in 2006 was 316, bringing the total caseload to approximately 550. In addition, the Commission successfully resolved 215 allegations of discrimination through pre-complaint intervention. Pre-complaint intervention assures a speedy resolution without the necessity of filing a complaint, avoiding costly and lengthy litigation.

An example of a pre-complaint intervention involved a disabled individual who had her blood drawn on the street because the Staten Island medical facility was inaccessible on account of a few steps at the building entrance. The Commission intervened on behalf of the disabled individual and successfully negotiated a ramp at the entrance as well as the widening of hallways and aisles, and the installation of an accessible restroom.

LEB also successfully intervened on behalf of an employee who was denied an accommodation based upon her disability. The employee was pregnant and requested a six-week leave of absence after her baby was born. The employer summarily fired her after the request was made. The Commission immediately intervened on the complainant’s behalf, and she was given the six-week leave.

In addition to the 215 allegations resolved through pre-complaint intervention, the Commission resolved 410 filed cases in 2006. The Commission’s two-pronged approach of an intensive initial interview of the complainant with an immediate investigation of the facts alleged provides investigators with a greater ability to gather evidence, identify witnesses, and build the strongest case. This successful approach is responsible for a significant increase in Probable Cause Determinations and Settlements.

Currently, approximately 90% of the Commission’s caseload is under one year old as compared to 14% at the beginning of this administration. At the start of 2002, there were 1,500 cases at the Commission that were seven years or older. That number dropped dramatically to 255 by the end of 2002 and declined again to 44 cases by the end of 2003. By December 2006, there were no cases that were seven years or older and only 8 cases older than three years. The overall reduction in cases since 2002 has given investigators the ability to focus on current cases and not be burdened with overwhelming caseloads.

ORDERS
In 2006, the Commission issued four post-trial orders. The cases were tried before an Administrative Law Judge and culminated with the Commission issuing a Final Decision and Order.

On December 5, 2006, the Commission ordered a former owner of a Manhattan building to pay a $25,000 fine to the City after attempting to evict one of his tenants who is elderly and disabled in retaliation for a previous complaint brought by the tenant. In that case, the Commission ordered the former owner in March 2005 to install a building entrance ramp, pay a fine of $10,000 to the City and $15,000 in compensatory damages to the complainant.

On September 29, 2006, as the result of facts adduced at a trial before an Administrative Law Judge, the Commission held that a hospital employee was not subjected to discriminatory animus. The Commission further held that the decision not to promote the complainant was based on the complainant’s behavior and work ethic.

On May 10, 2006, the Commission ordered a medical facility to pay a disabled employee $43,333. The Commission held that the employer wrongly forced the complainant to work in a mobile facility during a period of time when her disability required her to remain in an office position.

On April 13, 2006, the Commission ordered the owner of a modeling agency to pay a $15,000 fine to the City and $10,000 in compensatory damages to the complainant, an aspiring model, who was refused employment based solely on her race. The business owner was also ordered to institute an anti-discrimination policy and attend sensitivity training.

FINES
In 2006, the Commission assessed fines totaling $48,000.

SETTLEMENTS
The Commission has the authority to obtain cash settlements for those aggrieved by violations of the Human Rights Law. In 2006, the total dollar value of settlements increased to $1,274,000, more than the total amount collected during a 20-year period prior to 2002. Complainants received an average cash settlement of $15,000. Additional settlements and provisions successfully negotiated by the Commission include rehirings, policy changes and modifications for accessibility.

EQUAL ACCESS
Many of New York’s buildings, stores and other public accommodations are not accessible to people with disabilities. As a result of its aggressive efforts in 2006, the Commission successfully negotiated 192 modifications for individuals with disabilities, more than double the amount in 2002. 163 of these modifications were accomplished through pre-complaint intervention. (See page 8)

The Equal Access Program assists the disabled community by identifying architectural and financial resources that are available, advocating for the disabled when dealing with landlords and/or service providers, and assisting with legal actions if intervention fails. Community Relations staff members, trained in conducting investigations at various sites requiring disability access, have coordinated their efforts with the Law Enforcement Bureau. Most individuals choose the Commission’s pre-complaint process to resolve their issues rather than face litigation.

Modifications secured through the Commission include: installing permanent and portable ramps; bell and buzzer systems for entry to stores, offices, and apartment buildings; making parking spaces available; and permitting guide dogs in public accommodations.

LEB STAFF
The Law Enforcement Bureau consists of 13 attorneys, 9 Human Rights Specialists, including one retired NYPD officer, and 4 support staff members.