The Commission on Human Rights mean business.
By Sujeet Rajan
Follow @ambazaarmag
NEW YORK: Indian-origin business owners in New York City beware of placing an advertisement to hire only Indian-origin workers, or specifically male or female workers! You could be fined $5,000 or more, as it violates human rights laws, which are going to get stricter from October 1, 2015.
In probably the first case of its kind against an Indian-owned business establishment in New York City, a now-defunct restaurant called ‘Shalom Bombay’, which closed shop sometime in April, 2014, on Lexington Avenue, in Manhattan, was fined $5,000 by an administrative judge, after New York City’s Commission on Human Rights complained that it had advertised in October 2013 specifically for an “experienced Indian waiter or waitress.” The story was first reported by the New York Post.
That, according to the Commission, violated existing laws which forbid workers to be hired based on national origin. It recommended a hefty fine of $7,500. A judge reduced that to $5,000 at a hearing where the owners of the restaurant were not present.
“There was no complaint from the public, there was no evidence of how many people viewed the posting, and there was no direct evidence that any qualified applicant was turned away,” according to the documents put forward by the Commission, as reported by the Post. “There was a discriminatory advertisement, but there was no additional proof that respondents refused to hire otherwise qualified applicants,” the complaint added.
That, though, was enough for the judge to take a decision against the restaurant.
Recently, an Italian restaurant, Sistina, faced the brunt of the Commission’s wrath, and subsequently a $5,000 fine, after it placed an advertisement on Craig’s List, for a ‘wanted waitress/barista’ listing.
That, the Commission ruled, was a violation of gender rules.
The National Law Review, in an article posted by the law firm of Epstein Becker & Green, P.C., informs that the Commission is now authorized to investigate employers in the Big Apple to search for discriminatory practices during the hiring process.
This authority stems from a law signed into effect by Mayor Bill de Blasio that established an employment discrimination testing and investigation program. The program is designed to determine if employers are using illegal bias during the employment application process.
The firm informs: “Under this program, which is to begin by October 1, 2015, the Commission is to use a technique known as “matched pair testing” to conduct at least five investigations into the employment practices of New York City employers. The law requires the Commission to use two “testers” whose credentials are similar in all respects but one: their protected characteristics, i.e., actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, sexual orientation, alienage, citizenship status, or another characteristic protected under the New York City Human Rights Law. The testers will apply for jobs with the same employer to evaluate whether that employer is using discriminatory practices during the hiring process.”
In a phone interview to The American Bazaar, the Director of Communications for the Commission, Carmen Boon, said that going forward the emphasis for the Commission would be to educate business owners and help them avoid violating existing human rights laws in the city.
“The new leadership at the Commission is assessing investigation tactics to expand scope and be more comprehensive and, ultimately, go after those who intentionally violate the law. Also, the “new” Commission is, for the first time, putting a lot emphasis on educating on the law through free trainings to help businesses avoid violations,” said Boon. “For instance, a skill such as “knowledgeable of Indian cuisine” is not a violation of the law but stating that applicants must be Indians only is,” she added.
Boon also clarified what is considered discrimination as far as an employment ad goes: “For any employer, labor organization or employment agency or an employee or agent thereof to declare, print or circulate or cause to be declared, printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, gender, disability, marital status, partnership status, sexual orientation or alienage or citizenship status, or any intent to make any such limitation, specification or discrimination.”
The Commission is, for the first time, aggressively educating employers, business owners, and housing providers, on their responsibilities and obligations under the Human Rights Law, through free trainings. The trainings occur five times per month, once in each of the Commission’s borough-based offices.
The Commission has been vigorously pursuing complaints in New York City as per the stats given.
In 2014, the Commission initiated 124 investigations into employment and housing discrimination resulting in the filing of 125 Commission-initiated complaints (some of the case filed in 2014 were investigated in 2013).
For business owners in New York City, there is no point in lamenting that most small businesses hire either by national-origin or gender-origin, especially in the service industry. They have no choice but to follow the rules laid out by the Commission, or pay hefty fines if found to be in violation of rules.
(Sujeet Rajan is Editor-in-Chief, The American Bazaar).
2 Comments
The law is fair. The ad should say “Knowledgeable of Indian cuisine”. The Indian American owners have to be astute in advertising since the Indian American print publications reaches mainstream audience and the ads should respect the their sentiments.
Its both good and bad news. Bad for the scores of immigrant types, who r on the look out to meet their ends meet, especially the students. Good, too since the lines need not be drawn for such jobs on the basis of ethnicity and gender as need transcends such divides.
A real, hot topic for discussion, i should say and the start has been made by this in-depth treatment of such a sensitive issue an honorable pick up from where the NYT left it, keep it up , the good work, Sujeet..