2007
Annual Report
Law Enforcement Bureau |
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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 2007 was 317, bringing the total caseload
to approximately 510. In addition, the Commission
successfully resolved 186 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 could not attend
a major sports event unless she paid for expensive
seating. The Commission was made aware of
her situation while conducting a Human Rights
presentation at a hospital’s rehabilitation center.
The Commission immediately intervened and
successfully negotiated a change in the stadium’s
seating policy. The new policy went into effect
in time for the event and provides for accessible
seating at all price-levels.
LEB also intervened on behalf of 12
disabled residents of a Bensonhurst building and
successfully negotiated that the owner provide
regular maintenance to the elevator in lieu of shutting
it down for 3 months for questionable repairs. The
lengthy shutdown would have made those residents
prisoners in their own apartments.
Additionally, LEB successfully intervened on
behalf of a youngster who is hard of hearing and
negotiated that a Manhattan museum’s screening
room be made hearing accessible. The museum
also hired a full-time access coordinator to ensure
disability compliance in all areas of the museum,
trained tour guides to accommodate everyone in the
tour, and printed museum flyers in Braille.
In addition to the 186 allegations resolved
through pre-complaint intervention, the Commission
resolved 350 filed cases in 2007. The Commission’s
two-pronged approach - an intensive initial interview
of the complainant followed by 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 the significant increase in Probable Cause
Determinations and Settlements since 2002.
During 2007, 402 of the 510 pending cases
at the Commission were under one year old as
compared to just 14% of the total amount at the
beginning of this administration. In 2007, there were
no cases seven years or older as compared to 2002,
when there were 1,500 cases at the Commission
seven years or older. 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 2007, the Commission issued one posttrial
Order wherein the Commission ordered an
employment agency to pay a $5,000 fine to the
City and $1,000 in compensatory damages to a
complainant, who was refused employment based
on her age.
FINES
In 2007, the Commission issued one posttrial
Order wherein the Commission ordered an
employment agency to pay a $5,000 fine to the
City and $1,000 in compensatory damages to a
complainant, who was refused employment based
on her age.
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SETTLEMENTS
In 2007, the Commission issued one posttrial
Order wherein the Commission ordered an
employment agency to pay a $5,000 fine to the
City and $1,000 in compensatory damages to a
complainant, who was refused employment based
on her age. |
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DETERMINATIONS
AND RESOLUTIONS
Since 2002, Settlements and Probable Cause Determinations have dramatically risen as the
Determinations and Resolutions chart illustrates. |
EQUAL
ACCESS
The Commission continues to expand its
Equal Access Program. In conjunction with LEB,
CRB staff regularly conducts investigations and
provides pre-complaint intervention when individuals
experience accessibility problems. As a result, CRB
staff successfully negotiated 147 modifications
during 2007 through pre-complaint intervention
and LEB negotiated an additional 30 modifications.
Modifications include: installing permanent and
portable ramps – both interior and exterior - bell
and buzzer systems for entry to stores, offices, and
apartment buildings, hand rails, grab bars, curb cuts,
accessible ATM machines and teller windows, and
accessible fitting rooms and bathrooms; widening
of aisles; signage, permitting service animals in
public accommodations; moving a family to a ground
floor apartment -- making entry and exit to and from
the building accessible; moving an individual to an
accessible location while the elevator was under repair; providing listening devices for the hard of
hearing in a theater; and changing a seating policy at
a major annual sports tournament to add disability
seating in all price levels. The Equal Access Program
also provides extensive public education to senior
citizens, the disabled community and advocates,
healthcare and housing providers, and community
members.
LEB
STAFF
The Law Enforcement Bureau consists of 17
attorneys, 7 Human Rights Specialists - including one
retired NYPD officer - and 4 support staff members. |
INTAKE |
An
investigator or attorney conducts the interview and tries to
intervene and resolve the issue before generating a complaint. |
COMPLAINT
IS FILED |
Office
of Docketing files and serves the complaint; parties are invited
to mediate. |
INVESTIGATION |
Investigator
or attorney interviews witnesses, reviews documents. |
DETERMINATION |
Probable
cause: assignment to an attorney for prosecution. No probable
cause: case is dismissed, complainant may appeal to the Commissioner. |
THE
HEARING PROCESS |
Administrative
Law Judge holds a pre-trial conference. If case does not settle,
Administrative Law Judge conducts a hearing and issues a Report
and Recommendation. |
FINAL
DECISION
AND ORDER |
The Commission
issues a Final Decision and Order. If no liability found: case
dismissed. If liability found: relief ordered. |
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