7. Discriminatory Boycotts
Legislative declaration. Boycotts or blacklists that are
based on a person's race, color, creed, age, national origin, alienage
or citizenship status, marital status, partnership status, gender,
sexual orientation, or disability pose a menace to the city's foundation
and institutions. In contrast to protests that are in reaction to
an unlawful discriminatory practice, connected with a labor dispute
or associated with other speech or activities that are protected
by the first amendment discriminatory boycotts cause havoc, divide
the citizenry and do not serve a legitimate purpose. The council
declares that discriminatory boycotts are a dangerously insidious
form of prejudice and hereby establishes a procedure for expeditiously
investigating allegations of this type of prejudice, assuring that
the council and mayor are duly alerted to the existence of such
activity and combating discriminatory boycotts or blacklists.
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Definitions. When used in this chapter:
(1) The term "discriminatory boycott or blacklist" means
any act that is an unlawful discriminatory practice under subdivision
eighteen of section 8-107 of chapter one of this title.
(2) The term "commission" means the New York City Commission
on Human Rights.
(3) The term "council" means the Council of the City
of New York.
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Investigative reporting requirements. The following requirements
shall apply to all complaints alleging that a discriminatory boycott
or blacklist is occurring:
(1) The commission shall begin an investigation within twenty-four
hours of the filing of a complaint which alleges that a discriminatory
boycott or blacklist is occurring.
(2) Within three days after initiating such an investigation, the
commission shall file a written report with the mayor. The report
(a) The allegations contained in the complaint;
(b) Whether the commission has reason to believe a discriminatory
boycott or blacklist is taking place; and
(c) Steps the commission has taken to resolve the dispute.
(3) If it is stated within the report described in subdivision
two of this section that the commission has reason to believe that
a discriminatory boycott or blacklist has taken place, within thirty
days after filing such report, the commission shall file a second
report with the mayor and the council.
This second report shall contain:
(a) A brief description of the allegations contained in the complaint;
(b) A determination of whether probable cause exists to believe
a discriminatory boycott or blacklist is taking place;
(c) A recitation of the facts that form the basis of the commission's
determination of probable cause; and
(d) If the boycott or blacklist is continuing at the date of the
report, a description of all actions the commission or other city
agency has taken or will undertake to resolve the dispute.
(4) If a finding of probable cause is not contained in the report
required by subdivision three of this section and the boycott or
blacklist continues for more than twenty days subsequent to the
report's release, then, upon demand of the mayor or council the
commission shall update such report. Report updates shall detail:
(a) Whether or not the commission presently has probable cause to
believe a discriminatory boycott or blacklist is taking place; and
(b) All new activity the commission or other city agency has taken
or will undertake to resolve the dispute.
(5) If the
commission determines that the disclosure of any information in
a report required by this section may interfere with or compromise
a pending investigation or efforts to resolve the dispute by mediation
or conciliation, it shall file the report without such information
and state in the report the reasons for omitting such information.
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