On March 28, 2016, Mayor de Blasio signed into law several bills (including Intros 805-A, 814-A, 818-A, and 819) amending the New York City Human Rights Law. These new laws, among other things, enhance the rights of New Yorkers to be free from discrimination in the areas of public accommodations and employment.
During a public hearing, the Mayor summarized the amendments, explaining that they “strengthen[] our city’s Human Rights Law [which] is already one of the strongest and most comprehensive in the nation” while noting that “there’s always more we can do to make our city fairer and more inclusive than ever.”
Intro 805-A amends NYC Admin. Code § 8-107(4)(a) and (e) and strengthens protections against discrimination in places of public accommodation. Among other things, it adds “franchisor”, “franchisee”, and “lessor” to the list of people who cannot discriminate by refusing someone public accommodations on the basis of a person’s actual or perceived race, creed, color, national origin, age, gender, disability, marital status, partnership status, sexual orientation or alienage or citizenship status.
Intro 814-A amends the NYCHRL’s construction provision (NYC Admin. Code § 8-130) by stating that “[e]xceptions to and exemptions from the provisions of this title shall be construed narrowly in order to maximize deterrence of discriminatory conduct.” It also identifies Albunio v. City of New York, Bennett v. Health Management Systems, and the majority opinion in Williams v. New York City Housing Authority as examples of “[c]ases that have correctly understood and analyzed the liberal construction requirement of [NYC Admin. Code § 8-130(a)] and that have developed legal doctrines accordingly that reflect the broad and remedial purposes of this title.”
Intro 818-A gives the NYC Commission on Human Rights the authority to award attorney fees, expert fees, and other costs to a prevailing party. The Mayor explained:
Too often New Yorkers who have been the victims of discrimination have had to pay the price – not once, but twice. Suffering an act of harassment or violence is troubling or traumatic to begin with. When they seek justice they’re often forced to pay out of their own pockets to cover their legal fees. While this bill won’t take back the physical or psychological damage done, it will help cover the cost of their legal fees if they win their suit.
Intro 819 repeals NYC Admin. Code § 8-107(16), which according to the Mayor was “antiquated language regarding sexual orientation.”