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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, October 2, 2017
Proposed Rules Content: 

The New York City Commission on Human Rights is proposing to amend the rules implementing the Fair Chance Act to fix a clerical error.

Subject: 

No public hearing will be held on the ground that the Commission has determined, pursuant to Charter sec. 1043(e), that a hearing would serve no public purpose.

Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, August 17, 2017
Proposed Rules Content: 

The New York City Commission on Human Rights is proposing to amend its rules to establish certain definitions and procedures applying Local Law No. 37 of 2015, the Stop Credit Discrimination in Employment Act (“the SCDEA”), which amended the Human Rights Law’s provisions regarding credit discrimination in employment and applications for licenses and permits. 

Subject: 

Rules implementing the Stop Credit Discrimination in Employment Act

Location: 
Spector Hall
22 Reade St. first floor hearing room
New York, NY 10007
Contact: 

Harry Copson, Assistant to the Commissioner, 212-416-0128, hcopson@cchr.nyc.gov

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The New York City Commission on Human Rights has amended its rules to establish certain definitions and procedures applying Local Law No. 63 of 2015, the Fair Chance Act, which amended the Human Rights Law’s provisions regarding unlawful discrimination on the basis of criminal history against job applicants and employees, and applicants for licenses, registrations, and permits.

Effective Date: 
Sat, 08/05/2017

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Monday, March 21, 2016
Proposed Rules Content: 

 

 Statement of Basis and Purpose of Proposed Rule

 

The New York City Commission on Human Rights (“the Commission”) is proposing to amend its rules to establish certain definitions and criteria around procedure and application of the Human Rights Law provisions regarding unlawful discrimination on the basis of criminal history against job applicants and employees, and applicants for licenses, registrations and permits, enacted by Local Law No. 63 of 2015, the Fair Chance Act (“the FCA”).  These proposed rules will amend title 47 of the Rules of the City of New York by amending section 2-01 to define terms used in the Human Rights Law and update the definition of “domestic partners” to reflect the definition contained in the Administrative Code. The rules will also add a new section, section 2-04, to specify chargeable violations under the Human Rights Law as that law has been amended by the FCA, further define and clarify terms and requirements in furtherance of the intent of the FCA, establish specific guidelines and procedures around enforcement and obligations of employers and those evaluating individuals for licenses, registrations, permits and credit, and clarify when and under what circumstances an employer can withdraw a conditional offer or take an adverse employment action against an applicant or employee based on their criminal history.  The proposed rules will also create a discretionary mechanism for the Commission to resolve commission-initiated charges of certain per se violations under the FCA by offering eligible respondents an option for expedited resolution. This process, called Early Resolution will allow a respondent to bypass a full investigation and a hearing at OATH, by admitting liability, and complying with a penalty. The monetary fine associated with the penalty is based on the penalty schedule set forth in the rules.  By assessing penalties based upon employer size, the penalty schedule recognizes the impact of the discriminatory action on the public and is designed to ensure that the penalty will incentivize compliance with this program, deter future violations, and educate employers about their obligations under the law. The monetary fines are proportional to the civil penalties awarded in cases of per se violations that come before the Commission.

The proposed rules will:

  •  Amend title 47 of the Rules to establish definitions for “Applicant,” “Adverse Employment Action,” “Article 23-A Analysis,” “Article 23-A Factors,” “Business Day,” “Conditional Offer of Employment,” “Conviction History,” “Criminal Background Check,” “Criminal History,” “Direct Relationship,” “Domestic Partners,” “Fair Chance Process,” “Human Rights Law,” “Inquiry,” “Licensing Agency,” “Non-Convictions,” “Per Se,” “Statement,” “Temporary Help Firms,” and “Terms and Conditions.”

 

  • Establish per se violations, as defined by these rules, of the new provisions added by the FCA.

 

  • Clarify the types of questions and statements relating to criminal history that are prohibited under the FCA.

 

  • Explain the meaning of a conditional offer and establish the limited circumstances under which an employer can revoke a conditional offer.

 

  • Explain what an employer should do if they inadvertently come to learn about an applicant’s criminal history prior to making a conditional offer.

 

  • Clarify the procedure that must be followed by an employer upon learning of an applicant or employee’s criminal history and what steps must be taken before revoking a conditional offer or taking an adverse employment action.

 

  • Establish clear guidelines that employers must follow when considering whether and how applicants and employee’s criminal convictions or pending cases relate to the duties of a prospective or current job or would pose an unreasonable risk to the property or the safety or welfare of specific individuals or the general public.

 

  • Establish what information an employer must provide to an applicant or employee if a determination is made to revoke a conditional offer based on their conviction history or pending case and clarify how an employer must evaluate an applicant or employee’s request for more time.

 

  • Require an employer to consider any documentation that the applicant or employee presents to support their assertion that the information on the background check contains an error.

 

  • Clarify the exemptions under the FCA.

 

  • Create a discretionary mechanism for the Commission to respond to charges of per se violations under the FCA by allowing the Commission’s Law Enforcement Bureau to send employers or licensing agencies an Early Resolution Notice.

 

  • Clarify that employers may not request information or inquire about the non-convictions of applicants or employees and may not deny or take any adverse actions against applicants or employees based on non-convictions.

 

  • Clarify that individuals with pending criminal cases are protected by the FCA.

  

  • Update the rule’s definition of “domestic partners” to reflect the definition contained in the Administrative Code.

 

The Commission’s authority for these rules is found in sections 905 and 1043 of the New York City Charter.

 

 

 

Subject: 

Rules Regarding the Fair Chance Act.

Location: 
125 worth street (2nd Floor Auditorium)
New York, NY 10013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The adopted rule amends certain provisions of the Department of Housing Preservation and Development’s (HPD) rules governing fees for administration of loan programs and certain other municipality-aided projects.  The rule provides for a fee to be collected by HPD for monitoring contracts for compliance with equal employment opportunity and prevailing wage and labor standards. 

 

EO 50 of 1980 (as amended by Executive Order 94 of 1986, Executive Order 108 of 1986, and Executive Order 159 of 2011)prohibitsentities doing business with New York City from discriminating against any employee, applicant, or supplier.  It requires an entity that receives City funding to submit an employment report prior to contract award.  For HPD housing construction contracts, the project sponsor and prime contractors are among the entities required to submit construction employment reports to HPD’s Labor Monitoring Unit for compliance review.  The $1,400 fee will cover the agency’s costs in processing and reviewing the two submitted reports.

 

The Federal Davis Bacon Act (40 U.S.C. §3141 et seq.), State Labor Law §§220 and 230, Real Property Tax Law §421-a(8), and New York City Administrative Code §6-109require payment of prevailing wages and compliance with labor standards by contractors.  HPD’s Labor Monitoring Unit reviews payrolls and associated documentation, conducts site visits to gather data on wages, hours of work and other employment conditions, investigates complaints, and cooperates with other labor investigatory agencies like the U.S. Department of Labor.  The $30,000 fee will cover the required cost related to ongoing monitoring and enforcement of these requirements.

 

HPD has determined that certain programs covered by the equal employment opportunity and prevailing wage laws should be exempt from payment of fees for compliance monitoring.  The exempt programs provide loans or grants to projects for small buildings, buildings that were impacted by Super Storm Sandy, formerly City-owned buildings, or buildings that are under court-ordered administration.  All of these projects have limited financial resources and imposition of the fee is a hardship and impractical.  Therefore, HPD has determined that these programs should be exempt from the proposed compliance monitoring fees. 

 

Effective Date: 
Wed, 05/20/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 9, 2015
Proposed Rules Content: 

The Department of Housing Preservation and Development (HPD) proposes amendments to the rules governing fees for administration of loan programs and other municipality-aided projects.  Specifically, HPD proposes establishing a fee for monitoring compliance with Executive Order 50 of 1980 (as amended by Executive Order 94 of 1986, Executive Order 108 of 1986, and Executive Order 159 of 2011) which requires equal employment opportunity in New York City contracting.  HPD also proposes to establish a fee for monitoring compliance with the Federal Davis Bacon Act (40 U.S.C. §3141 et seq.), State Labor Law §§220 and 230, Real Property Tax Law §421-a(8), and New York City Administrative Code §6-109 which require the payment of prevailing wages and compliance with labor standards..

 

Subject: 

Fees for Monitoring Compliance with Employment and Wage Requirements

Location: 
Department of Housing Preservation & Development
100 Gold Street Room 5R1
New York, NY 10038
Contact: 

Deputy Commissioner Eva Trimble