Chapter 7 - DISCRIMINATORY BOYCOTTS

Section 8-701

Section 8-701

  § 8-701 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.

Section 8-702

Section 8-702

  § 8-702 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.

Section 8-703

Section 8-703

  §   8-703   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  shall
state:
  (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.