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
§ 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
§ 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.